State v. Benham
Supreme Court of Iowa
Appeal from Franklin District Oowrt. Manslaughter : sele-deeense : death by accident : when justifiable, etc. — The indictment charges the defendant with the murder, on the 11th day of October, 1866, of one Z. T. Shepard. Plea — not guilty. Yerdict — guilty of manslaughter. Judgment — fine, and four years imprisonment in the penitentiary.
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Appeal from Franklin District Oowrt. Manslaughter : sele-deeense : death by accident : when justifiable, etc. — The indictment charges the defendant with the murder, on the 11th day of October, 1866, of one Z. T. Shepard. Plea — not guilty. Yerdict — guilty of manslaughter. Judgment — fine, and four years imprisonment in the penitentiary. The case is somewhat peculiar, and is so largely influenced in its determination by its special circumstances that it is necessary briefly to state thesé. The deceased (Shepard) came to his death by a shot received on the 11th day of October, 1866, in the…
1Opinion of the CourtDillon, J.
i. CBuniTAx. ueflnslff” capacity of paities, etc. It is not denied that the fatal ’meeting between the deceased and defendant took place at the creek, and on the day named in the indictment. How much the dying declarations establish, is the- principal -question arising upon the evidence.
*160• The deceased, at no time, charged the defendant with having purposely discharged the gun at him. He complained of his conduct in other respects, such as refusing to assist him; but upon repeated examinations of the evidence, we do not discover that he even stated that the defendant intentionally shot him.…
2Cases cited4 opinions
- State v. NeeleySupreme Court of Iowa · 1865
- State v. ThompsonSupreme Court of Iowa · 1859
- State v. KennedySupreme Court of Iowa · 1866
- Dennis v. LarkinSupreme Court of Iowa · 1865
3Cited by29 opinions
- Hammond v. StateSupreme Court of Alabama · 1906
- State v. GrayOregon Supreme Court · 1904
- Hollywood v. StateWyoming Supreme Court · 1912
- Smith v. United StatesSupreme Court of the United States · 1896
- State v. FowlerSupreme Court of Iowa · 1976
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