State v. Clark
Supreme Court of Iowa
Appeal from Bremer District Court. — IIon. Gf. W. Ruddiok, Judge. The grand jury of Bremer county returned an indictment against the defendant, the charging part of which is as follows: “The said Edward Clark, on the third day of December, in the year of our Lord one thousand, eight hundred and eighty-seven, in the county of Bremer and state of Iowa, did, with a deadly weapon, to-wit, a certain billiard cue, the particular description of which is to this grand jury unknown,…
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Appeal from Bremer District Court. — IIon. Gf. W. Ruddiok, Judge. The grand jury of Bremer county returned an indictment against the defendant, the charging part of which is as follows: “The said Edward Clark, on the third day of December, in the year of our Lord one thousand, eight hundred and eighty-seven, in the county of Bremer and state of Iowa, did, with a deadly weapon, to-wit, a certain billiard cue, the particular description of which is to this grand jury unknown, which the said Edward Clark then and there held in his hands, make an assault upon one A. B. Haskins, with intent then…
1Opinion of the CourtGiven, J.
— I. The errors assigned involve the single inquiry whether the indictment charges the assault to have been made with intent to inflict great bodily injury. The indictment must be direct and certain as regards the offense charged. Code, sec. 4298 (McClain’s *519Ann. Code, sec. 5683.) An indictment cannot be aided by intendment, or an omission supplied by construction. The acts necessary to constitute the offense must be, in the manner indicated, set out and averred. State v. Potter, 28 Iowa, 554. The intent charged is to “ strike •and bruise,” an intent which may exist in a case of simple assault…
2Cases cited1 opinion
- State v. PotterSupreme Court of Iowa · 1870
3Cited by10 opinions
- State v. MitchellSupreme Court of Iowa · 1908
- State v. ShaverSupreme Court of Iowa · 1923
- State v. McKinneySupreme Court of Iowa · 1906
- State v. PasnauSupreme Court of Iowa · 1902
- State v. JamisonSupreme Court of Iowa · 1900
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