State v. Clemons
Supreme Court of Iowa
Appeal from Keohuh District Court. Scire facias. The writ recites that on the fourth day of July, 1856, Willis Clemons, Aurora Clemons, and A. C. Price, entered into a recognizance to the State of Iowa,-in the penal sum of twelve hundred dollars, before M. H. Keith a justice of the peace of Keokuk county, conditioned that the said Willis Clemons should appear at the next term of the District Court of said county, and abide the judgment of the court, and not depart without…
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Appeal from Keohuh District Court. Scire facias. The writ recites that on the fourth day of July, 1856, Willis Clemons, Aurora Clemons, and A. C. Price, entered into a recognizance to the State of Iowa,-in the penal sum of twelve hundred dollars, before M. H. Keith a justice of the peace of Keokuk county, conditioned that the said Willis Clemons should appear at the next term of the District Court of said county, and abide the judgment of the court, and not depart without leave of the court; and that at the said next term, to-wit, at the September term for the year 1856 of said court, the…
1Opinion of the CourtStocktoN, J.
The objection made to the evidence of Sampson was properly overruled. It was proper to permit the State to prove by parol testimony that the two indictments found and presented by the grand jury against Clemons were for the same offense. The record showed that the prosecuting attorney moved to have the first one found by the grand jury set aside for insufficiency, and the case recommitted to the grand jury to find a new indictment. The prosecuting attorney was thereupon allowed to state that the indictment to which the defendant was required to answer, was for the same offense charged in the…
2Cited by4 opinions
- State v. Morgan.Supreme Court of North Carolina · 1904
- Western Surety Co. v. United StatesCourt of Appeals for the Ninth Circuit · 1934
- State v. Van BuskirkSupreme Court of Iowa · 1921
- Calvin v. StateOhio Supreme Court · 1861