State v. Pierce

CourtIowa Supreme Court
Writing for the CourtROBINSON
PartiesSTATE v. PIERCE.
Decision Date09 May 1889

77 Iowa 245
42 N.W. 181

STATE
v.
PIERCE.

Supreme Court of Iowa.

May 9, 1889.


Appeal from district court, Boone county; D. D. MIRACLE, Judge.

The defendant was convicted of the crime of larceny committed by the embezzlement of property of the value of $106.50. From the judgment of the court requiring him to be imprisoned in the penitentiary at Ft. Madison at hard labor for the term of one year he appeals.

[42 N.W. 181]

A. H. Denman, for appellant.

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


ROBINSON, J.

The portions of the indictment under which defendant was convicted, which we need to consider, are as follows: “The grand jury of the county of Boone, in the name and by the authority of the state of Iowa, accuse Philo Pierce of the crime of larceny, committed as follows: ‘That said Philo Pierce did, in said county of Boone and state of Iowa, between the 21st day of August, A. D. 1886, and the 1st day of December, 1886, and at various days between said dates, being then and there the agent of the W. W Kimball Company, an incorporate company and over the age of sixteen years, then and there, by virtue of his said employment, have, receive, and take into his possession certain property, to-wit;’ [Here is given a specific description of each of two pianos and seven organs, including the separate value of each;] ‘all being the property of the said W. W. Kimball Company; and that the said Philo Pierce did then and there unlawfully, feloniously, and fraudently embezzle and convert to his own use, without the consent of the said W. W. Kimball Company, his employer, the aforesaid property, by which the said Philo Pierce is deemed to have committed the crime of larceny. * * *’ ” On the 13th day of April, 1887, the cause coming on for trial, the state appeared by attorneys, and the defendant appeared personally and by attorneys. A jury was called, impaneled, and sworn, the indictment was read, and the opening statements were made for the state, when counsel for defendant suggested that there had been no arraignment nor plea entered. The court found that such was the case, and ordered the defendant arraigned, which was done against his objection. He asked time to plead, and was given one day for that purpose, and the jury was discharged, to which defendant excepted. On the next day the defendant entered a written plea of not guilty, and also pleaded that he had been once in jeopardy by reason of the proceedings of the day before, which were stated. A demurrer to the second plea was sustained.

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9 practice notes
  • State v. Critelli, No. 46798.
    • United States
    • United States State Supreme Court of Iowa
    • November 15, 1946
    ...v. Tatman, 59 Iowa 471, 13 N.W. 632;State v. Parker, 66 Iowa 586, 24 N.W. 225;State v. Falconer, 70 Iowa 416, 30 N.W. 655;State v. Pierce, 77 Iowa 245, 42 N.W. 181;State v. Kappen, 191 Iowa 19, 180 N.W. 307;State v. Vaughan, 29 Iowa 286. These cases indicate that under the Iowa rule there m......
  • Geddes v. Ann Arbor R.R. Employés' Relief Ass'n
    • United States
    • Supreme Court of Michigan
    • January 5, 1914
    ...the nonpayment of his order when he left no funds out of which it could be paid.’ See, also, McMahon v. Travelers' Ins. Co., 77 Iowa, 229, 42 N. W. 181;Landis v. Standard Life & Accident Ins. Co., 6 Ind. App. 502, 33 N. E. 990; Employers' Liability Acc. Ins. Co. v. Rochelle, 13 Tex. Civ. Ap......
  • Manning v. State
    • United States
    • Supreme Court of Tennessee
    • March 28, 1927
    ...Lea, 167; State v. Scarborough, 2 S. C. 439; State v. Hall, 9 N. J. Law, 256; State v. Allen, 46 Conn. 535; State v. Pierce, 77 Iowa, 245, 42 N. W. 181. The great weight of authority is that the trial judge may discharge the jury or a single juror after the accused has been put upon his tri......
  • State v. Congrove
    • United States
    • United States State Supreme Court of Iowa
    • October 3, 1899
    ...v. Hennessey, 23 Ohio St. 339;Wilson v. State, 45 Tex. 76;State v. Emery, 68 Vt. 109, 34 Atl. 432. See State v. Pierce, 77 Iowa, 245, 42 N. W. 181. In such a case, the particular ownership of the several articles should have been averred. People v. Johnson, 81 Mich. 573, 45 N. W. 1119; 1 Mc......
  • Request a trial to view additional results
9 cases
  • State v. Critelli, No. 46798.
    • United States
    • United States State Supreme Court of Iowa
    • November 15, 1946
    ...v. Tatman, 59 Iowa 471, 13 N.W. 632;State v. Parker, 66 Iowa 586, 24 N.W. 225;State v. Falconer, 70 Iowa 416, 30 N.W. 655;State v. Pierce, 77 Iowa 245, 42 N.W. 181;State v. Kappen, 191 Iowa 19, 180 N.W. 307;State v. Vaughan, 29 Iowa 286. These cases indicate that under the Iowa rule there m......
  • Geddes v. Ann Arbor R.R. Employés' Relief Ass'n
    • United States
    • Supreme Court of Michigan
    • January 5, 1914
    ...the nonpayment of his order when he left no funds out of which it could be paid.’ See, also, McMahon v. Travelers' Ins. Co., 77 Iowa, 229, 42 N. W. 181;Landis v. Standard Life & Accident Ins. Co., 6 Ind. App. 502, 33 N. E. 990; Employers' Liability Acc. Ins. Co. v. Rochelle, 13 Tex. Civ. Ap......
  • Manning v. State
    • United States
    • Supreme Court of Tennessee
    • March 28, 1927
    ...Lea, 167; State v. Scarborough, 2 S. C. 439; State v. Hall, 9 N. J. Law, 256; State v. Allen, 46 Conn. 535; State v. Pierce, 77 Iowa, 245, 42 N. W. 181. The great weight of authority is that the trial judge may discharge the jury or a single juror after the accused has been put upon his tri......
  • State v. Congrove
    • United States
    • United States State Supreme Court of Iowa
    • October 3, 1899
    ...v. Hennessey, 23 Ohio St. 339;Wilson v. State, 45 Tex. 76;State v. Emery, 68 Vt. 109, 34 Atl. 432. See State v. Pierce, 77 Iowa, 245, 42 N. W. 181. In such a case, the particular ownership of the several articles should have been averred. People v. Johnson, 81 Mich. 573, 45 N. W. 1119; 1 Mc......
  • Request a trial to view additional results

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