The History of Cedar County, Iowa; Containing a History of the County, Its Cities, Towns, &C. a Biographical Directory of Its Citizens, War Record of (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1878 Excerpt: ...came on for trial September 24, 1856, John Huber, Prosecuting Attorney. After the evidence for the State was all in, and part for the defense, the attorney discovered that one of the jurors was not a citizen of the county, and the jury were discharged from further consideration of the case. The evidence brought up an issue as to the sanity of the defendant. A jury was summoned to try the issue, and returned a verdict of insanity without leaving their seats. Funk was conveyed to the jail at Davenport, until suitable provision for his care could be made by the Governor. The Boyle Matricide Case.--Patrick Boyle was indicted at the December Term, 1869, for the murder of his mother with a certain deadly weapon, the name of which is unknown, by striking her upon the head, breast and arms, and by choking her. William G. Thompson prosecuted and Messrs. Piatt & Carr and E. Cook defended. The body was disinterred four days after burial. Patrick Boyle and his wife were arrested and a preliminary examination held, and Mrs. Boyle discharged. Patrick Boyle was tried at the December Term, 1869. The court gave an instruction to the effect that the omission of the word "deliberate" in the indictment was not material, and refused to give the following instruction offered by the defense: As the indictment lacks the essential ingredient of charging that the alleged acts of the defendant, in producing or causing the alleged death of Mary Boyle were "deliberate," and as it is nowhere in the indictment that the defendant " deliberately" did kill and murder, you can in no event find the defendant guilty of a greater offense or degree of crime than in the second degree. The jury returned a verdict of murder in the second degree, and Boyle was sente...