State v. Troy

14 Citing cases

  1. People v. Modesto

    59 Cal.2d 722 (Cal. 1963)   Cited 174 times
    In Modesto,supra, and again in Sedeno, we concluded that the right at issue was "the constitutional right to have the jury determine every material issue presented by the evidence" (Modesto, supra, 59 Cal.2d 722, 730, 31 Cal.Rptr. 225, 382 P.2d 33; Sedeno, supra, 10 Cal.3d 703, 720, 112 Cal.Rptr. 1, 518 P.2d 913), but neither those decisions, nor any other of our authorities before or since, specified that we were relying to any degree on federal constitutional principles.

    By rejecting the second degree or lesser offense, we fail to see how defendant was then prejudiced by a failure to submit manslaughter, a lesser offense than second degree murder. "We so held in State v. Troy . . . 206 Iowa 859, 866 [ 220 N.W. 95, 98, 221 N.W. 370], in the following words: 'Appellant complains that his request for instruction on the law of manslaughter was not granted. . . . He [the court] also submitted the question of defendant's guilt of murder in the second degree.

  2. State v. Drosos

    253 Iowa 1152 (Iowa 1962)   Cited 47 times
    Recognizing it is well settled law in Iowa that a jury determines the mental competency of a defendant to stand trial

    The rule is well settled in Iowa that the court need not and should not instruct on manslaughter when the record reveals no element of such offense. State v. Woodmansee, 212 Iowa 596, 616, 233 N.W. 725; State v. Troy, 206 Iowa 859, 866, 220 N.W. 95. It is the State's contention that under the evidence the jury could only have found defendant guilty of first-degree murder, second-degree murder, or not guilty. It contends the element of the crime of manslaughter was entirely lacking. We must agree.

  3. State v. Woodmansee

    212 Iowa 596 (Iowa 1931)   Cited 35 times

    " In State v. Troy, 206 Iowa 859, we again announced: "`Premeditation and deliberation need not exist for any particular length of time before the killing, and may be proved by circumstantial evidence.'"

  4. State v. Negrete

    486 N.W.2d 297 (Iowa 1992)   Cited 9 times
    Finding no prejudice where lesser offense did not involve defendant's theory of defense

    We have followed the general rule that the jury's rejection of a greater-included offense negates a defendant's claim of prejudice due to a trial court's failure to submit an instruction on a lesser-included offense. See State v. Nowlin, 244 N.W.2d 591, 596 (Iowa 1976); State v. Drosos, 253 Iowa 1152, 1164-65, 114 N.W.2d 526, 533 (1962) (citing State v. Troy, 206 Iowa 859, 866, 220 N.W. 95, 98 (1928)). It is true that we did not follow this rule in Mikesell; however, we reasoned that prejudice was present because submission of the omitted lesser-included offense was the only opportunity for the jury to consider defendant's theory of defense. As indicated previously in this case, defendant did not rely on simple assault as a theory of defense.

  5. State v. Nowlin

    244 N.W.2d 591 (Iowa 1976)   Cited 22 times
    Holding special agent with DCI was qualified to testify that in his opinion puncture wounds in body were caused by a knife or thin-bladed instrument

    State v. Drosos, 253 Iowa 1152, 1164-1165, 114 N.W.2d 526, 533 (1962) and authorities. See State v. Troy, 206 Iowa 859, 866, 220 N.W. 95, 98 (1928). VII.

  6. State v. Badgett

    167 N.W.2d 680 (Iowa 1969)   Cited 26 times
    Stating the aggressor is not entitled to the defense

    We think the court erred in those rulings but are not convinced it was reversible error. It is well established that the exclusion of evidence tending to show a certain fact where the fact in question is fully established by other admitted evidence is not error. State v. Troy, 206 Iowa 859, 220 N.W. 95, 221 N.W. 370; State v. Bading, 236 Iowa 468, 478, 17 N.W.2d 804, 810; State v. Myers, 257 Iowa 857, 862, 135 N.W.2d 73, 76. Except for the exclusion of the witness Gatewood's voluntary statement and appellant's own attempt to testify regarding decedent's prison record, we find no other specific instance set out or argued, and we conclude her assignment of error based upon the court's failure to accept all her evidence tending to prove decedent's bad character and her fear of him is without merit. The witness Jacqueline Higgins testified she was well acquainted with both parties, knew they drank alcoholic beverages, and that she had seen decedent make physical attacks on defendant, the last time being in December 1966.

  7. State v. Rutledge

    243 Iowa 179 (Iowa 1952)   Cited 53 times
    Holding the “heat-of-passion” defense could not succeed because there was insufficient evidence of an act on the part of the victim that would incite an “irresistible passion” in a reasonable person

    Hence, the jury would doubtless not have convicted of any lower offense, had such instructions been given. It follows defendant was not prejudiced by the refusal of the court to instruct upon offenses less than manslaughter. State v. Crutcher, 231 Iowa 418, 421, 1 N.W.2d 195; State v. Smith, 215 Iowa 374, 380, 245 N.W. 309; State v. Troy, 206 Iowa 859, 220 N.W. 95, 221 N.W. 370; State v. Woodmansee, 212 Iowa 596, 616, 233 N.W. 725. [12] VII.

  8. State v. Hofer

    238 Iowa 820 (Iowa 1947)   Cited 53 times
    In State v. Hofer, 238 Iowa 820, 842, 28 N.W.2d 475, 477, 478, we say: "Defendant contends the trial court was without jurisdiction because no order for a bench warrant was made and no warrant issued.

    In instructions on this subject frequently the word "particular" precedes the expression "length of time" in the clause which immediately follows the first italicized portion, but its omission is not error. State v. Dong Sing, 35 Idaho 616, 208 P. 860, 862; 1 McClain on Criminal Law, section 329. That malice is correctly defined and explained in the instruction, see State v. Emery, 236 Iowa 60, 64, 65, 17 N.W.2d 854, and authorities cited; State v. Woodmansee, 212 Iowa 596, 619, 233 N.W. 725, and cases cited; State v. Troy, 206 Iowa 859, 865, 220 N.W. 95; 40 C.J.S., Homicide, section 14; 26 Am. Jur., Homicide, sections 40, 41; 26 Words and Phrases, Perm. Ed., 199, 200. [11] VIII. Instruction 8 defines willful, deliberate, and premeditated. Defendant challenges especially the last paragraph of the instruction, which states that for a killing done with malice aforethought to be willful, deliberate, and premeditated does not mean the killing must have been conceived or intended for any particular length of time before the act is done; the will or purpose to do it, the deliberation and premeditation, and the killing may follow each other as rapidly as successive impulses of thought of the human mind.

  9. State v. Sedig

    235 Iowa 609 (Iowa 1945)   Cited 25 times
    Concluding that where the location was a county road and the victim a farm employee of the defendant, "a finding would be justified that the defendant did not make reasonable effort to retreat or run away from the decedent"

    Further, the rulings were without substantial prejudice to defendant since the facts sought to be elicited were clearly shown by other witnesses, including the deputy sheriff, and by several enlarged photographs showing the bruises on defendant's face. State v. Johnston, 221 Iowa 933, 940, 267 N.W. 698; State v. Troy, 206 Iowa 859, 869, 220 N.W. 95, 221 N.W. 370; State v. Schumann, 187 Iowa 1212, 1219, 175 N.W. 75. [4] III. Defendant complains that the cornstalk with the bullet hole in it, heretofore referred to, was received in evidence over his objection that it was immaterial and irrelevant and there was insufficient foundation for its admission. It is argued there is no evidence that the hole in the stalk was made by a shot fired by defendant nor that the bullet struck Olson or caused his death and that the exhibit was too conjectural and speculative to be received.

  10. State v. Heinz

    275 N.W. 10 (Iowa 1938)   Cited 52 times
    Finding it permissible for a police chief testifying in a murder trial to state his conclusion that the defendant signed the written confession voluntarily after relating circumstances leading up to the signature

    Premeditation and deliberation need not exist for any particular length of time before the killing. State v. Troy, 206 Iowa 859, 220 N.W. 95. We stated in the case of State v. Woodmansee, 212 Iowa 596, l.c. 611, 233 N.W. 725, 733, where the defendant has selected a deadly weapon, and with opportunity to deliberate has intentionally used it in a deadly manner "`it is proper to submit the question of first degree to the jury, although there is no specific proof of deliberation and premeditation, apart from the proof of the violent infliction of a mortal wound.'"