State v. Henderson
| Decision Date | 16 December 1931 |
| Docket Number | No. 41139.,41139. |
| Citation | 239 N.W. 588 |
| Parties | STATE v. HENDERSON. |
| Court | Iowa Supreme Court |
OPINION TEXT STARTS HERE
Appeal from District Court, Cass County; K. R. Cook, Judge.
An indictment was returned by the grand jury of Cass County, charging the defendant with the crime of breaking and entering--the offense designated in section 13001, Code 1927. Upon trial, the defendant was found guilty of the crime of larceny from a building in the nighttime, and judgment was rendered upon the verdict, committing him to the penitentiary for a period of ten years. Defendant appeals.
Reversed.
G. C. Dalton, of Atlantic, for appellant.
John Fletcher, Atty. Gen., for the State.
[1][2][3] The grand jury of Cass county returned against the defendant an indictment which is as follows, to wit: “The Grand Jurors of the county of Cass in the name and by the authority of the State of Iowa accuse Archie Henderson of the crime of breaking, and entering and charge that the said Archie Henderson did on or about the 14th day of December, A. D. 1930 in the County of Cass and State aforesaid in the night time of said date, unlawfully, feloniously, and burglariously break and enter a certain building in the City of Atlantic, Cass County aforesaid, belonging to the C. W. McCaustland Garage in said city and county, in which said garage there was then and there kept for use, sale and deposit by the said C. W. McCaustland Garage certain goods, wares, merchandise, tools, acetylene welding torch outfit and other valuable things, and the said Archie Henderson did break and enter the said building in the night time on the date aforesaid with the specific intent then and there to unlawfully, feloniously and burglariously steal, take and carry away from the said building an acetylene welding torch outfit and other tools and property of the said C. W. McCaustland Garage, then and there kept for use as aforesaid.” To this indictment the defendant entered a plea of not guilty.
It will be noted from the foregoing indictment that it charges only the crime of breaking and entering--the offense designated in section 13001, Code 1927. The court, in instructing the jury, did not submit said offense to them for determination, but submitted an offense not charged in the indictment, to wit, larceny from a building in the nighttime, the offense designated in section 13008, Code 1927, saying: “It is alleged in the indictment that at the time and place the defendant did in the night time enter a garage building belonging to the C. W. McCaustland garage and take, steal and carry away...
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State v. Henderson, 41139.
...convicted of the crime of larceny from a building in the nighttime and sentenced accordingly. He appeals. Affirmed. Superseding opinion, 239 N. W. 588.G. C. Dalton, of Atlantic, for appellant.John Fletcher, Atty. Gen., and Neill Garrett, Asst. Atty. Gen., for the State.ALBERT, J. This case ......
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State v. Henderson
...submitted at the September, 1931, term of this court, and an opinion filed therein on December 16, 1931, which opinion appears in 239 N.W. 588. Later, in 1932, an order was entered in this court withdrawing said opinion and setting aside the submission, ordering the case resubmitted, and re......
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State v. Endorf
... ... We can find no error in the court's ... instructions in regard to the matters complained of. The ... appellant cites as authority for the proposition that simple ... larceny is not an included offense under the charge of ... larceny from a building in the nighttime, State v ... Henderson (Iowa) 239 N.W. 588.The opinion in the case ... referred to was filed December 16, 1931. It was withdrawn in ... March, 1932, and in June, 1932, an opinion was filed ... affirming a conviction of the crime of larceny from a ... building in the nighttime; the latter opinion being reported ... ...