State v. Myers

Supreme Court of Iowa

State v. Myers

19 Iowa 517

CourtSupreme Court of Iowa

DecidedJanuary 18, 1865

StatusPublished

Cited by13 cases

This text of 19 Iowa 517 (State v. Myers) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Myers, 19 Iowa 517 (iowa 1865).

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Opinion

Lowe, Ch. J.

The substance of the instructions to the jury, objected to, may be stated as follows:

1.CBIMINAT, declarations federates. That if two or more persons combine to do an unlawful act, the declarations and acts of each, made and done with reference to the common purpose, implicate alike all, and each in law is guilty and may be pun-jg]^ for the offense as a principal. And, therefore, it is immaterial whether the shot which wounded George Georg was, in fact, fired by the defendant, provided he was one of the guilty confederates.

s- ~ult-3. — criminal negligence. An assault may be committed without doing any personal injury. Recklessly shooting into a crowd, and wounding some one, not intended, is crimi- . nal.

This is good law, and the evidence certified up, not only justified its enunciation, but showed its pertinency to the case.

Discovering no error in the proceedings, the judgment below stands

Affirmed.

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Lowe, Ch. J.

The substance of the instructions to the jury, objected to, may be stated as follows:

1.CBIMINAT, declarations federates. That if two or more persons combine to do an unlawful act, the declarations and acts of each, made and done with reference to the common purpose, implicate alike all, and each in law is guilty and may be pun-jg]^ for the offense as a principal. And, therefore, it is immaterial whether the shot which wounded George Georg was, in fact, fired by the defendant, provided he was one of the guilty confederates.

s- ~ult-3. — criminal negligence. An assault may be committed without doing any personal injury. Recklessly shooting into a crowd, and wounding some one, not intended, is crimi- . nal.

This is good law, and the evidence certified up, not only justified its enunciation, but showed its pertinency to the case.

Discovering no error in the proceedings, the judgment below stands

Affirmed.

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Bluebook (online)

19 Iowa 517, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-myers-iowa-1865.

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