Legal Opinion

State v. Baldy

Supreme Court of Iowa

Decided June 29, 1864PublishedCited by 35 opinions

Appeal from Tama District Oouri. This is a prosecution for adultery. Tbe defendant was found guilty by a jury, and after .judgment and sentence by tbe District Court, baying secured of record tbe matters which be assigns as error, prosecutes this appeal. Tbe further necessary facts are stated in the opinion.

1Opinion of the CourtCole, J.

1. Indictement: name of offense. Tbe indictment does'’not contain tbe name of tbe offense, but does contain a statement of tbe facts constituting tbe offense-of adultery, in ordinary aQd concise language, and further avers that it wag foun(j on complaint of Asenatb Baldy, tbe lawful wife of tbe defendant.'''';

*40The defendant demurred to tbe indictment, because it did not name tbe offense, that it was uncertain as to tbe crime charged, did not show tK'at tbe wife was alive when tbe offense was committed, and did not, also, accuse tbe other party to tbe crime. This demurrer was overruled, and tbe…

2Cases cited4 opinions

  1. State v. NashSupreme Court of Iowa · 1858
  2. State v. ArnoldSupreme Court of Iowa · 1861
  3. Brant ex dem. Buckbee v. FowlerNew York Supreme Court · 1827
  4. State v. MooneySupreme Court of Iowa · 1860

3Cited by35 opinions

  1. Perry v. BaileySupreme Court of Kansas · 1874
  2. State v. GreerWest Virginia Supreme Court · 1883
  3. State v. HallSupreme Court of Iowa · 1975
  4. State v. BriggsSupreme Court of Iowa · 1886
  5. People v. ChuckCalifornia Supreme Court · 1889

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