State v. Davis
Supreme Court of Iowa
Appeal from Pottawattamie District Court. The defendant was convicted at the May term, 1874, of the District Court of Pottawattamie county, for the crime of manslaughter, and sentenced to five years’ imprisonment in the penitentiary, from which judgment he appeals. Twelve of the grand jury must concur in the finding of a bill. (1 Chitty, Or. Law, 322-3; 1 Wharton Or.
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Appeal from Pottawattamie District Court. The defendant was convicted at the May term, 1874, of the District Court of Pottawattamie county, for the crime of manslaughter, and sentenced to five years’ imprisonment in the penitentiary, from which judgment he appeals. Twelve of the grand jury must concur in the finding of a bill. (1 Chitty, Or. Law, 322-3; 1 Wharton Or. Law, § 497.) All unnecessary words, may, on trial or arrest of judgment, be rejected as surplusage, if the indictment would be good upon striking them out. (1 Am. Or. Law, § 622; People v. Lohman, 2 Barb., 235; State v. Wilde, 7…
1Opinion of the Court
Miller, Ch. J. —
The indictment upon which the appellant was tried is as follows:
“The State of Iowa, vs. Thomas E. Davis,
District Court of Pottawattamie County, Iowa. ' November Term, 1873.
The grand jury of the county of Pottawattamie, in the name and by the authority of the State of Iowa, accuse Thomas E. Davis of the crime of manslaughter, committed as follows: For that the said Thomas E. Davis, on the 28th day of Au*313gust, A. D. 1873, in the said county of Pottawattamie, and State of Iowa, willfully, deliberately, premeditatedly, and of his malice aforethought, and with intent to kill and…
2Cases cited4 opinions
- State v. BaldySupreme Court of Iowa · 1864
- State v. AnsalemeSupreme Court of Iowa · 1863
- State v. ShawSupreme Court of Iowa · 1872
- State v. HessenkampSupreme Court of Iowa · 1864
3Cited by30 opinions
- State v. LawlorSupreme Court of Minnesota · 1881
- Minich v. PeopleSupreme Court of Colorado · 1885
- State v. ReddingtonSouth Dakota Supreme Court · 1895
- Mahon v. StateTennessee Supreme Court · 1912
- State v. ElliottSupreme Court of Iowa · 1877
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