State v. Caine

CourtUnited States State Supreme Court of Iowa
Writing for the CourtBISHOP
Citation105 N.W. 1018
Decision Date06 February 1906
PartiesSTATE v. CAINE.

105 N.W. 1018

STATE
v.
CAINE.

Supreme Court of Iowa.

Feb. 6, 1906.


Appeal from District Court, Woodbury County; G. W. Wakefield, Judge.

The defendant, with one Charles McGuire, was indicted for the crime of conspiracy. He was granted a separate trial, found guilty, and, judgment having been entered on the verdict, he appeals. Reversed.

[105 N.W. 1018]

C. A. Irwin and Wilbur Owen, for appellant.

Chas. W. Mullan, Atty. Gen., and Lawrence De Graff, Asst. Atty. Gen., for the State.


BISHOP, J.

The indictment is in two counts. In the first it is charged that the defendants, Caine and McGuire, and divers other unknown persons, at a time and place named, did unlawfully and feloniously conspire, agree, and confederate together, with the malicious intent and purpose, wrongfully and feloniously, to injure the person of H. H. Howman and of other persons named, and of other persons to the grand jury unknown, by assaulting, beating, and wounding such persons. In the second count it is charged, in substance, that said defendants, and others unknown, on the date and at the place named in the first count, did conspire, etc., to do an act injurious to the public police, and to injure the business, property, and rights of property of the Cudahy Packing Company, and alleges as the particular means agreed upon to carry out said conspiracy by the said defendants, and other unknown persons, being to unlawfully beat, wound, strike, assault. inflict bodily injury and harm upon, and threaten with bodily harm and injury, and to use profane, vulgar, and indecent language toward, all persons in the employ of the Cudahy Packing Company, or who might seek employment of said company, or who might have business engagements with said company, at their place of business in Sioux City, Iowa, or who might have business engagements in or around the buildings or property of said company at Sioux City, and

[105 N.W. 1019]

especially to use and employ the particular means above set forth toward C. W. Jackson, sheriff, and H. H. Hawman and S. A. Huntley, deputy sheriffs, of Woodbury county, Iowa, all of said means being used by the defendants, and other unknown persons, for the purpose of wrongfully harassing and annoying said company and to frighten its employés and prospective employés, and deter them from entering or remaining in the employ of said company, thereby preventing said company from carrying on its business. Following a plea of not guilty a jury was impaneled, whereupon the defendant moved the court that the...

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3 practice notes
  • State v. Caine
    • United States
    • United States State Supreme Court of Iowa
    • April 11, 1907
    ...for conspiracy. On a separate trial defendant was found guilty and sentenced. From this sentence he appeals. Reversed and remanded. See 105 N. W. 1018. [111 N.W. 443]Wilbur Owen and C. A. Irwin, for appellant.Chas. W. Mullan, Atty. Gen., and U. G. Whitney, Co. Atty., for the State.McCLAIN, ......
  • Cowell v. City Water Supply Co.
    • United States
    • United States State Supreme Court of Iowa
    • February 7, 1906
    ...on account of legal and other expenses, while the committee found it necessary to make additional assessments for the protection of the [105 N.W. 1018]company's franchise and its other property, and these the appellant complains of. But they were fairly within the scope of the agreement and......
  • Cowell v. The City Water Supply Co.
    • United States
    • United States State Supreme Court of Iowa
    • February 7, 1906
    ...on account of legal and other expenses, while the committee found it necessary to make additional assessments for the protection of the [105 N.W. 1018] company's franchise and its other property, and these the appellant complains of. But they were fairly within the scope of the agreement an......
3 cases
  • State v. Caine
    • United States
    • United States State Supreme Court of Iowa
    • April 11, 1907
    ...for conspiracy. On a separate trial defendant was found guilty and sentenced. From this sentence he appeals. Reversed and remanded. See 105 N. W. 1018. [111 N.W. 443]Wilbur Owen and C. A. Irwin, for appellant.Chas. W. Mullan, Atty. Gen., and U. G. Whitney, Co. Atty., for the State.McCLAIN, ......
  • Cowell v. City Water Supply Co.
    • United States
    • United States State Supreme Court of Iowa
    • February 7, 1906
    ...on account of legal and other expenses, while the committee found it necessary to make additional assessments for the protection of the [105 N.W. 1018]company's franchise and its other property, and these the appellant complains of. But they were fairly within the scope of the agreement and......
  • Cowell v. The City Water Supply Co.
    • United States
    • United States State Supreme Court of Iowa
    • February 7, 1906
    ...on account of legal and other expenses, while the committee found it necessary to make additional assessments for the protection of the [105 N.W. 1018] company's franchise and its other property, and these the appellant complains of. But they were fairly within the scope of the agreement an......

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