State v. Parker

CourtUnited States State Supreme Court of Iowa
Writing for the CourtBECK
Citation66 Iowa 586,24 N.W. 225
Decision Date22 July 1885
PartiesSTATE v. PARKER.

66 Iowa 586
24 N.W. 225

STATE
v.
PARKER.

Supreme Court of Iowa.

Filed July 22, 1885.


Appeal from Carroll district court.

Defendant was indicted for murder in the first degree, and, upon trial, was convicted of an assault with intent to do a great bodily injury, and from a judgment upon this conviction appeals to this court.

[24 N.W. 225]

W. G. Thompson and W. H. Stivers, for appellant, James C. Parker.

A. J. Baker, Atty. Gen., for the State.


BECK, C. J.

1. The defendant having been put upon trial on the indictment, a jury was impaneled and sworn, and the state examined one witness, who was cross-examined by defendant. It then appearing that none of the state's witnesses had been examined before the grand jury returning the indictment, which had been found upon the minutes of the evidence as returned by the committing magistrate, as authorized by section 3, c. 13, Acts Eighteenth General Assembly, which repealed Code, § 4289, thereupon the district attorney, under Code, § 4421, asked leave to introduce the evidence of the witnesses against defendant, showing by affidavit that he was not the district attorney when the indictment was found, and that he was not informed the witnesses did not testify before the grand jury, and he believed that they did; such belief being based upon the fact that their names were indorsed upon the indictment. He states in his affidavit that his ignorance of the facts of the case, and his belief that the witnesses had testified before the grand jury, were the reasons that induced him not to give the notice required by Code, § 4421. The district court sustained the application of the district attorney, and required the defendant, as is required by Code, § 4421, to elect either to allow the cause to be continued or the witnesses to testify. To this ruling defendant excepted, and moved the court to direct the jury to return a verdict of not guilty. The motion was overruled; thereupon the defendant elected that the cause be continued, and it was, accordingly, so ordered, and the jury was discharged. At the next term defendant pleaded specially the facts of the proceeding at the prior term, as above recited, alleging that he had “once been put in jeopardy of his life and liberty for the same offense,” and “had been duly acquitted of all the offenses set out in the indictment.” The matter then pleaded was held by the district court, by an instruction to the jury, not to be a defense to the indictment. This ruling is the foundation of the first objection urged by defendant to the conviction....

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16 practice notes
  • Brock v. State of North Carolina, No. 34
    • United States
    • United States Supreme Court
    • February 2, 1953
    ...(witness incompetent to testify because his name not indorsed on indictment, mistrial on motion of the court). 9. State v. Parker, 1885, 66 Iowa 586, 24 N.W. 225, and State v. Falconer, 1886, 70 Iowa 416, 30 N.W. 655. 10. State v. Nelson, 1845, 7 Ala. 610 (jury irregularly sworn too early a......
  • State v. Shaver, No. 35263.
    • United States
    • United States State Supreme Court of Iowa
    • April 5, 1924
    ...is inflicted, or attempted, is what constitutes the offense. This is the gist of the offense.” In State v. Parker, 66 Iowa, 586, 589, 24 N. W. 225, 226, we said: “The intent with which the assault is committed relates to its character and indicates its degree. It is discovered, not in the e......
  • State v. Crandall, No. 44836.
    • United States
    • United States State Supreme Court of Iowa
    • October 24, 1939
    ...has repeatedly held, is the intent with which the injury is inflicted, or attempted. State v. Malcolm, 8 Iowa 413, 415;State v. Parker, 66 Iowa 586, 589, 24 N.W. 225, and cases cited above. “The intent with which an action is done is an act or emotion of the mind, seldom if ever capable of ......
  • Watson v. State
    • United States
    • Supreme Court of Georgia
    • December 9, 1902
    ...for murder the accused might be convicted of an assault with Intent to commit a great bodily injury. State v. Parker, 66 Iowa, 586, 24 N. W. 225. In Kansas it was held that a verdict for assault and battery would be upheld under an indictment for murder, if the assault and battery were alle......
  • Request a trial to view additional results
16 cases
  • Brock v. State of North Carolina, No. 34
    • United States
    • United States Supreme Court
    • February 2, 1953
    ...(witness incompetent to testify because his name not indorsed on indictment, mistrial on motion of the court). 9. State v. Parker, 1885, 66 Iowa 586, 24 N.W. 225, and State v. Falconer, 1886, 70 Iowa 416, 30 N.W. 655. 10. State v. Nelson, 1845, 7 Ala. 610 (jury irregularly sworn too early a......
  • State v. Shaver, No. 35263.
    • United States
    • United States State Supreme Court of Iowa
    • April 5, 1924
    ...is inflicted, or attempted, is what constitutes the offense. This is the gist of the offense.” In State v. Parker, 66 Iowa, 586, 589, 24 N. W. 225, 226, we said: “The intent with which the assault is committed relates to its character and indicates its degree. It is discovered, not in the e......
  • State v. Crandall, No. 44836.
    • United States
    • United States State Supreme Court of Iowa
    • October 24, 1939
    ...has repeatedly held, is the intent with which the injury is inflicted, or attempted. State v. Malcolm, 8 Iowa 413, 415;State v. Parker, 66 Iowa 586, 589, 24 N.W. 225, and cases cited above. “The intent with which an action is done is an act or emotion of the mind, seldom if ever capable of ......
  • Watson v. State
    • United States
    • Supreme Court of Georgia
    • December 9, 1902
    ...for murder the accused might be convicted of an assault with Intent to commit a great bodily injury. State v. Parker, 66 Iowa, 586, 24 N. W. 225. In Kansas it was held that a verdict for assault and battery would be upheld under an indictment for murder, if the assault and battery were alle......
  • Request a trial to view additional results

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