Legal Opinion

State v. Kelly

Supreme Court of Iowa

Decided June 4, 1888PublishedCited by 11 opinions

Appeal from Lucas District Court. — Rots. Chables D. Leggett, Judge. Indictment for murder. Trial by jury, and verdict and judgment for manslaughter. Defendant appeals.

1Opinion of the CourtRothrock, J.

i criminal of'wife forty presumption cvidene0¿°to: rebut. The defendant was jointly indicted with, her husband, Thomas Kelly, for the murder of one Charles Archibald. Thomas Kelly was ^1’1^ fried- He was convicted, and is now confined in the penitentiary. The evidence shows conclusively that the deceased was brutally murdered by Thomas Kelly, and the q-Qeg-fcion presented to the jury upon the trial of the defendant was whether she participated with her husband in the commission of the crime.

The court gave the jury the following among other instructions:

‘ ‘ The law presumes that the influence…

2Cases cited1 opinion

  1. State v. FitzgeraldSupreme Court of Iowa · 1878

3Cited by11 opinions

  1. State v. O'NeilSupreme Court of Iowa · 1910
  2. Heacock v. HeacockSupreme Court of Iowa · 1899
  3. Dennis v. HarrisSupreme Court of Iowa · 1915
  4. Joyce Marie Michael v. United StatesCourt of Appeals for the Tenth Circuit · 1968
  5. David Eugene Breeze v. United StatesCourt of Appeals for the Tenth Circuit · 1968

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