87 Iowa 255 | Iowa | 1893
April 11, 1890, the defendant was indicted for the crime of nuisance committed by obstructing a highway on or about April 28, 1888. The defendant pleaded a former acquittal of the offense charged, by the judgment of the same court, rendered May 2,1888. To support this plea the defendant introduced in evidence the indictment in the former case, and also in the case at bar; the testimony on which each indictment was found; the notice as to additional witnesses in the present case; the instructions given to the jury on the former trial; also the testimony of the judge who tried the former case. From the evidence it appears that the defendant was tried and acquitted May 2, 1888, on an indictment found on September 7, 1887, which charged him with a nuisance committed by obstructing this same highway, committed on or about September 7, 1887. The indictment in the case at bar charges the defendant with obstructing the same highway on or about April 28, 1888. The evidence shows that the obstruction originally placed in the highway in 1887, or prior thereto, had remained ever since, and constituted the obstruction on which the present as well as the former indictment was based.
Now, applying the law to the facts disclosed by this record, we find that the evidence in the former case in fact related to a period from September 7, 1887, when the indictment was found, back to 1886; that in the present case some- of the evidence 'covered the entire period of three years prior to April 11, 1890, the time when the last indictment was returned. Now, it will be observed that the statutory period prior to the finding of the last indictment reaches back to April 11,
We can not doubt, under these facts, that the plea of former acquittal was good. The existence of the highway must, of necessity, be established before the
The instruction was correct. Affirmed.