Supreme Court of Iowa, 1867

State v. Hilton

Supreme Court of Iowa · Decided June 8, 1867 · Lowe

22 Iowa 241

Cases that cite this one

3 later published cases cite this decision.

State v. French (Iowa 1948)
State v. Collins (Iowa 1916)
State v. Wise (Iowa 1891)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Lowe, Ch. J.

1. New trial insufficiency of evidence. The guilt or innocence of the defendant is a question in which the appeal lies to the testimony in the -cause. This was exclusively circumstantial. 13ut these circumstances, when closely examingd, strike us as rather too remote, light and inconclusive to establish defendant’s guilt or to justify the verdict rendered in the premises. And we cannot but feel, after a-careful consideration of the same, that the evidence is so lacking in affirmative force to generate a belief of probable guilt, that the issue between the State and the prisoner had better be re-submitted to the determination of a second jury. For this purpose we order a new trial and remand the cause.

Eeversed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.