State v. Gleason
Citation | 9 N.W. 126,56 Iowa 203 |
Parties | STATE OF IOWA v. GLEASON. |
Decision Date | 09 June 1881 |
Court | United States State Supreme Court of Iowa |
Appeal from Polk district court.
Indictment charging that “the defendant one silver half dollar and three silver ten-cent pieces * * * of the aggregate value of eighty cents, and one pocket-book of the value of one dollar, * * * of the goods and chattels of Mrs. E. E. Updyke, from the person of said Mrs. E. E. Updyke unlawfully and feloniously did steal, take, and carry away.” The defendant pleaded not guilty, and a former conviction for the same offence before a justice of the peace. To the latter the state demurred, which was sustained, and there was a trial before a jury on the issue of not guilty. There was a verdict of guilty, and judgment sentencing the defendant to imprisonment in the penitentiary for one year, and he appeals.M. D. McHenry, for appellant.
Smith McPherson, Att'y Gen., for the State.
The defendant pleaded a former conviction, as follows: which charged that the defendant “did feloniously steal, take, and carry away of the property of Mrs. E. E. Updyke money to the amount of eighty cents in silver, one pocket-book of the value of three dollars.” To the foregoing plea of former conviction the state demurred on the following grounds: “(1) The indictment charges larceny from the person, and defendant was charged with and convicted of petit larceny; (2) the offence charged is not the offence for which defendant was convicted; (3) the justice had no jurisdiction of the offence charged in the indictment, and could not convict him thereof.”
The defendant was charged and convicted before the justice with the crime of petit larceny, which is misdemeanor punishable by fine or imprisonment in the county jail. The indictment charges larceny from the person, which is a felony. The statute defining the crime is as follows: “If any person commit the crime of larceny by stealing from any building on fire, or by stealing any property removed in consequence of an alarm caused by fire, or by stealing from the person of another, he shall be punished by imprisonment in the penitentiary not exceeding fifteen years.” Code, § 3905.
In the State v. Foster, 33 Iowa, 525, it was held that a conviction before a justice of the peace on a charge of assault and battery was not a bar to an indictment for an assault with intent to commit a...
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Commonwealth v. Arnold
...... involved in the first verdict is not a bar to another trial. of the defendant for that offense under the same indictment. (State v. Behimer, 20 Ohio State, 572; Veatch. v. State, 60 Ind. 291; Morris v. State, 1. Blackf., 37; State v. Commissioners of Cross-roads,. 3 Hill (S. ... Morris v. State, 8 S. & M., 672; Enson v. State,. 1 Swan., 14; Guenther v. People, 24 N.Y. 100;. Criminal Code, section 6; State v. Gleason, 56 Iowa. 203; Lipple v. People, 10 Brader (Ill.), 144;. People v. Dowling, 86 N.Y. 478; People v. McDonnell, 17 Weekly Digest, 19; State v. ......