State v. McFarland
Supreme Court of Iowa
Appeal from Linn District Court. An indictment in two counts was presented against the defendant. The first count charges her 'with the crime of burglary, the second with the crime of larceny. The defendant moved the court to compel the State to elect on which count it would proceed. The motion was overruled. The defendant also demurred to the indictment, for duplicity, which demurrer was overruled. She was convicted on both counts. Defendant appeals.
1Opinion of the CourtDay, J.
1. criminal law; indictment: pleading. The Code, § 4300, is as follows: “The indictment -shall charge but one offense ****** provided, case compound offenses, where, in the same transaction, more than one offense has been committed, the indictment may charge the several offenses, and the defendant may be convicted of any *100offense included therein. ” Burglary is an offense, and larceny is an offense. Unless, then, burglary is a .compound offense, including within it the crime of larceny, so that both, when committed at the same time, may be charged in the indictment, it is clear that the…
2Cases cited3 opinions
- State v. HaydenSupreme Court of Iowa · 1876
- State v. Ridley & JohnsonSupreme Court of Iowa · 1878
- State v. RhodesSupreme Court of Iowa · 1875
3Cited by6 opinions
- State v. FreySupreme Court of Iowa · 1928
- State v. IngallsSupreme Court of Iowa · 1896
- State v. FinnegeanSupreme Court of Iowa · 1905
- State v. HullSupreme Court of Iowa · 1891
- State v. JensonUtah Supreme Court · 1929
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