State v. Gray

CourtUnited States State Supreme Court of Iowa
Writing for the CourtDEEMER
Citation116 Iowa 231,89 N.W. 987
Decision Date09 April 1902
PartiesSTATE v. GRAY.

116 Iowa 231
89 N.W. 987

STATE
v.
GRAY.

Supreme Court of Iowa.

April 9, 1902.


Appeal from district court, Marshall county; G. W. Burnham, Judge.

Defendant was jointly indicted with one Pat Dunn for the murder of Joseph Williams. See State v. Dunn (decided at the present term) 89 N. W. 984. Gray demanded a separate trial, and was convicted of manslaughter, and from the verdict and judgment pronounced against him appeals. Affirmed.

[89 N.W. 988]

J. L. Carney, for appellant.

Chas. W. Mullan, Atty. Gen., and Chas. A. Van Vleck, Asst. Atty. Gen., for the State.


DEEMER, J.

About 6 o'clock in the evening of August 27, 1900, a number of men, estimated at from 5 to 15, were near the stock yards of the Chicago & Northwestern Railway Company, in the city of Marshalltown. They, or some of them, were drinking beer from a keg. Defendant and Dunn were among the number. Some little girls who were passing that way had a difficulty in the presence of the men, in which defendant attempted to interfere. Williams appeared on the scene about this time, and, driving his team near the place where the men were congregated, he charged them with having assaulted the girls, and warned them to depart. Gray and Dunn went to the wagon in which Williams was riding, and declared they would not go. Thereupon Williams got out of the wagon, but defendant and Dunn drove him back into it; and defendant told him to go on, or they would kill him. At that, Williams took up his whip, and told them to move on, or he would use it. The evidence tends to show that the defendant put his foot on the wagon after Williams had been driven back into it, and said “he would take him out and kill him right there,” and otherwise bantered with him and threatened him. Williams then said “he would go home and get his revolver, and return and fight them.” After going to his home, which was but a short distance away, Williams unhitched his team, put them in the barn, obtained a revolver, and returned to the place of encounter. As soon as he returned, a difficulty arose; and, according to the evidence, Williams was seen running away from the place, with four men pursuing, and while attempting to escape he was shot by some one of the four, and received the wounds of which he died in a short time. Three shots were fired, two of which took effect. There was testimony to the effect that both Dunn and Gray had revolvers at the time of the shooting, and some evidence that Gray fired one of the shots. Defendant contends, however, that there is not sufficient evidence to convict him of the crime, in that the identification of the man who fired the shot is unsatisfactory and incompetent. Without setting forth the record, it is sufficient to say that, while the evidence as to identification is not as strong as it might be, still there was ample to take the case to the jury, and sufficient, if believed, to justify the verdict. At least six witnesses stated that defendant was one of the men who was in pursuit of Williams at the time he was shot, and some of them said that he (defendant) fired at least one of the shots. Some of them also testified that they saw defendant pointing a revolver at Williams after he was down. All of them agree that Gray was one of the pursuing party, and that either he or...

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9 practice notes
  • People v. McCoy, No. C024654.
    • United States
    • California Court of Appeals
    • March 17, 2000
    ...for murder notwithstanding the fact Gray had earlier been convicted of manslaughter. (Id. at pp. 986-987; see State v. Gray (1902) 116 Iowa 231, 89 N.W. 987, 989.) In both Wheeler v. Commonwealth, supra, 120 Ky. 697, 87 S.W. 1106 and Polly v. Commonwealth, supra, 24 S.W. 7 the court indicat......
  • State v. Hofer, No. 46993.
    • United States
    • United States State Supreme Court of Iowa
    • July 29, 1947
    ...first degree murder. State v. Berlovich, 220 Iowa 1288, 1291, 263 N.W. 853. See also as bearing on this claim of error State v. Gray, 116 Iowa 231, 236, 89 N.W. 987;State v. Perigo, 70 Iowa 657, 659, 28 N.W. 452;State v. Shelton, 64 Iowa 333, 337, 20 N.W. 459. X. On cross examination defend......
  • Wadsworth v. State
    • United States
    • United States State Supreme Court of Florida
    • January 20, 1939
    ...the fatal shot. See Sparks v. State, 113 Miss. 266, 74 So. [136 Fla. 141] 123; People v. Wilson, 145 N. 628, 40 N.E. 392; State v. Gray, 116 Iowa 231, 89 N.W. 987; Watkins v. Com., 123 Ky. 817, 97 S.W. 740; Sec. 4499, C.G.L. 1927. The judgment is affirmed. TERRELL, C.J., and WHITFIELD, BROW......
  • Parham v. State
    • United States
    • Supreme Court of Alabama
    • June 30, 1906
    ...Rep. 782; State v. Smith (Mo.) 65 S.W. 270; State v. Brennan (Mo.) 65 S.W. 325; Burns v. State (Tex. Cr. App.) 66 S.W. 303; State v. Gray, 89 N.W. 987, 116 Iowa, 231; v. Phillips (Iowa) 89 N.W. 1092; Rodriquez v. State (Tex. Cr. App.) 68 S.W. 993; State v. Roller, 71 P. 718, 30 Wash. 692; E......
  • Request a trial to view additional results
9 cases
  • People v. McCoy, No. C024654.
    • United States
    • California Court of Appeals
    • March 17, 2000
    ...for murder notwithstanding the fact Gray had earlier been convicted of manslaughter. (Id. at pp. 986-987; see State v. Gray (1902) 116 Iowa 231, 89 N.W. 987, 989.) In both Wheeler v. Commonwealth, supra, 120 Ky. 697, 87 S.W. 1106 and Polly v. Commonwealth, supra, 24 S.W. 7 the court indicat......
  • State v. Hofer, No. 46993.
    • United States
    • United States State Supreme Court of Iowa
    • July 29, 1947
    ...first degree murder. State v. Berlovich, 220 Iowa 1288, 1291, 263 N.W. 853. See also as bearing on this claim of error State v. Gray, 116 Iowa 231, 236, 89 N.W. 987;State v. Perigo, 70 Iowa 657, 659, 28 N.W. 452;State v. Shelton, 64 Iowa 333, 337, 20 N.W. 459. X. On cross examination defend......
  • Wadsworth v. State
    • United States
    • United States State Supreme Court of Florida
    • January 20, 1939
    ...the fatal shot. See Sparks v. State, 113 Miss. 266, 74 So. [136 Fla. 141] 123; People v. Wilson, 145 N. 628, 40 N.E. 392; State v. Gray, 116 Iowa 231, 89 N.W. 987; Watkins v. Com., 123 Ky. 817, 97 S.W. 740; Sec. 4499, C.G.L. 1927. The judgment is affirmed. TERRELL, C.J., and WHITFIELD, BROW......
  • Parham v. State
    • United States
    • Supreme Court of Alabama
    • June 30, 1906
    ...Rep. 782; State v. Smith (Mo.) 65 S.W. 270; State v. Brennan (Mo.) 65 S.W. 325; Burns v. State (Tex. Cr. App.) 66 S.W. 303; State v. Gray, 89 N.W. 987, 116 Iowa, 231; v. Phillips (Iowa) 89 N.W. 1092; Rodriquez v. State (Tex. Cr. App.) 68 S.W. 993; State v. Roller, 71 P. 718, 30 Wash. 692; E......
  • Request a trial to view additional results

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