State v. Harrison

• Decision Date: 01 May 1891
• Citation: State v. Harrison, 82 Iowa 716, 47 N.W. 777 (Iowa 1891)
• Parties: THE STATE OF IOWA, Appellee, v. ROBERT HARRISON et al., Appellants
• Court: Iowa Supreme Court

47 N.W. 777

82 Iowa 716

THE STATE OF IOWA, Appellee, v. ROBERT HARRISON et al., Appellants

Supreme Court of Iowa, Des Moines

May 1, 1891

THURSDAY JANUARY 22, 1891.

Appeal from Jefferson District Court.--HON. H. C. TRAVERSE, Judge.

REVERSED.

M. A McCoid, for appellants.

John Y Stone, Attorney General, for appellee.

GIVENJ. ROTHROCK and ROBINSON, JJ., dissenting.

OPINION

GIVEN, J.

The only question presented by this appeal is whether the indictment charges an assault with intent to inflict a great bodily injury.The charge is that defendants"did with deadly weapons, to-wit, certain clubs and sticks, and rails the particular description of which is unknown to this grand jury, then and there in the hands of the said Robert Harrison, Noah Harrison, Henrietta Harrison and Alcina Harrison, upon one James Frakes, make an assault with the intent then and there unlawfully and feloniously to beat, strike, wound and bruise, and did inflict upon the head and person of the said James Frakes a great bodily injury, contrary to and in violation of law."In State v. Clark, 80 Iowa 517, 45 N.W. 910, it was held that the indictment did not charge an assault with intention to inflict a great bodily injury.The charge in that case was that the defendant"did, with a deadly weapon, to-wit, a certain billiard cue, the particular description of which is to this grand jury unknown, which the said Edward Clark then and there held in his hands, make an assault upon one A. B. Haskins with intent then and there...