State v. McGlasson

• Decision Date: 03 October 1893
• Parties: STATE v. MCGLASSON.
• Court: Iowa Supreme Court

88 Iowa 667

56 N.W. 293

STATE

v.MCGLASSON.

Supreme Court of Iowa.

Oct. 3, 1893.

Appeal from district court, Mahaska county; D. Ryan, Judge.

The defendant was accused of the crime of maliciously threatening another, to compel her to do an act against her will, was tried by jury, found guilty, and adjudged to be imprisoned in the penitentiary at Ft. Madison. From that judgment, he appeals.J. C. Williams, for appellant.

John Y. Stone, Atty. Gen., Thos. A. Cheshire, and B. W. Preston, Co. Atty., for the State.

ROBINSON, C. J.

The indictment returned by the grand jury contains two counts, as follows: “The grand jury of the county of Mahaska, in the name and by the authority of the state of Iowa, accuse Charles McGlasson of the crime of maliciously threatening to compel a person to do an act against her will, committed as follows: The said Charles McGlasson, on the 4th day of March, in the year of our Lord one thousand eight hundred and ninety-two, in the county aforesaid, in the state of Iowa, did then and there, maliciously, unlawfully, and feloniously, threaten, by verbal communication to Anna Cook, that it would not be good for her if she instituted bastardy proceedings against him, the said Charles McGlasson, for the maintenance and support of her child, of which the said Charles McGlasson was the father, with intent, then and there, by means of said threat, to compel the said Anna Cook not to commence said bastardy proceedings, the same being against the will of the said Anna Cook, contrary to and in violation of law. Second Count. And the grand jury aforesaid, upon their oaths, do further, in the name and by the authority of the state of Iowa, aver, find, and present that the said Chas. McGlasson, at and within the county aforesaid and state aforesaid, on the 4th day of March, in the year of our Lord one thousand eight hundred and ninety-two, did then and there, willfully, unlawfully, maliciously, and feloniously, threaten, by verbal communication to said Anna Cook, to cause her, the said Anna Cook, to be sent to the penitentiary, and did then and there, willfully, unlawfully, maliciously, and feloniously, threaten, by verbal communication to said Anna Cook, to kill her, the said Anna Cook, with intent then and there, by means of said threats, to compel the said Anna Cook to not appear and testify before the grand jury, the same being against the will of the said Anna Cook, contrary to and in violation of law.”

1. A demurrer to the...