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State v. Smith

The State of Iowa v. Joseph C. Smith

State v. Smith, 103 N.W. 769 (Iowa 1905)
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Court
Supreme Court of Iowa · State Highest Courts
Decided
June 6, 1905
Judges
Deembe
Citations
103 N.W. 769127 Iowa 528
Disposition
Affirmed.
Headnotes
Murder: punishment: discretion of court. A sentence of death on a plea of guilty to an indictment for murder will not be interfered with on appeal, unless an abuse of the court’s discretion in pronouncing judgment is shown.
Summary
Appeal from, Monroe District Court.— HoN. M. A. Nobeets, J udge. DeeeNDANT was indicted for murder. To this indictment he entered a plea of guilty, and, after hearing the evidence, the court ordered that he be hanged. From the judgment so entered the defendant appeals.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Deembe

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Deembe, J.

There is no doubt whatever of the defendant’s guilt. Indeed, his counsel distinctly assert that there was no legal justification or excuse for his act. But they do contend that the punishment should have been life imprisonment instead of death. No error was committed by the trial court, unless it be found that it abused its discretion in fixing the penalty. Code, section 4728, provides, in substance, that whoever is guilty of murder in the first degree shall be punished with death or imprisonment for life, as determined by the court, if the defendant pleads guilty. Manifestly, a large discretion is vested in the trial court in such cases, and we should not interfere in the absence of a showing of abuse of that discretion. The case comes to us for correction of errors, and not that we may exercise the pardoning power. Commutation of sentence does not belong to this department of government. We have carefully gone over the entire record and find no abuse of the discretion vested in the trial court.

The judgment is therefore affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1922: 11935: 11936: 11937: 11949: 11957: 11962: 119222026peak 1922 · 1

Relies on it most ⓘ

  1. State v. Tracy261 N.W. 527 (Iowa 1935)
  2. State v. Kelley115 N.W.2d 184 (Iowa 1962)
  3. State v. Bruntlett36 N.W.2d 450 (Iowa 1949) · Dissent
  4. State v. Olander193 Iowa 1379 (1922)
  5. State v. Nutter81 N.W.2d 20 (Iowa 1957)
  6. State v. Grattan268 N.W. 489 (Iowa 1936)

Most recent

  1. State v. Kelley115 N.W.2d 184 (Iowa 1962)
  2. State v. Nutter81 N.W.2d 20 (Iowa 1957)
  3. State v. Bruntlett36 N.W.2d 450 (Iowa 1949) · Dissent
  4. State v. Wheaton273 N.W. 851 (Iowa 1937)
  5. State v. Grattan268 N.W. 489 (Iowa 1936)
  6. State v. Tracy261 N.W. 527 (Iowa 1935)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

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