State v. Gleason

Citation9 N.W. 126,56 Iowa 203
PartiesSTATE OF IOWA v. GLEASON.
Decision Date09 June 1881
CourtUnited States State Supreme Court of Iowa
OPINION TEXT STARTS HERE

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.

SEEVERS, J.

The defendant pleaded a former conviction, as follows: “That, as to the alleged stealing of the money, etc., in this indictment charged against him, he was on the ______ day of September, 1880, charged by information on oath, in due form, before John A. Jones, a justice of the peace for Polk county, Iowa, and being arrested, plead to said charge, and the said cause coming on for trial before said justice, a judgment of conviction was rendered against this defendant by said justice, and he was ordered by said judgment to pay a fine of $20 and costs, $13 of which fine and costs he then and there paid, and was discharged; and the defendant says that the said charge was and is the same charge of stealing which is preferred against him in the indictment, and he is the same person who was prosecuted and fined as aforesaid before the said Jones. And the defendant further says that the prosecution before the justice of the peace was not procured by him, was not in anywise fraudulent or collusive, and that he was arrested, charged, and fined at the instance of prosecutors who were and are in nowise in his interest, and this he is ready to verify. The defendant brings now here into court, attached hereto, the said information,” 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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1 cases
  • Commonwealth v. Arnold
    • United States
    • Court of Appeals of Kentucky
    • September 4, 1884
    ...... 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. ......

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