State v. McComb
Supreme Court of Iowa
Appeal from, Wapello District Court. At tbe May Term, 1860, of the District Court of Wapello county, the grand jury returned into court an indictment against Benjamin A. McComb and George Lawrence, for the murder of Laura J. Harvey, on the 29th day of March, 1860. The defendant was not arrested till the 2d day of March, 1864, and was put upon his trial at the May term (May 30th) following.
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Appeal from, Wapello District Court. At tbe May Term, 1860, of the District Court of Wapello county, the grand jury returned into court an indictment against Benjamin A. McComb and George Lawrence, for the murder of Laura J. Harvey, on the 29th day of March, 1860. The defendant was not arrested till the 2d day of March, 1864, and was put upon his trial at the May term (May 30th) following. The jury returned a verdict of guilty of murder in the first degree, upon which the court rendered j udgment and pronounced sentence of death. The defendant appeals. The further necessary facts will…
1Opinion of the CourtCole, J.
1. Continuance: criminal causes. I. On the first day of the term, the defendant was brought into court for arraignment, and the indictment was read to him. Thereupon his counsel moved the court, orally, for a continuance of the cause without any showing, on the ground that it was the first term of the court after the arrest of the defendant. It also appeared from the records of the court, that the defendant had not been arrested upon any writ or process issued uppn the indictment, but by virtue of a warrant issued by a magistrate of Scott county, on the day of his arrest, and had, together…
2Cases cited3 opinions
- State v. TomlinsonSupreme Court of Iowa · 1860
- State v. BowersSupreme Court of Iowa · 1864
- State v. SaterSupreme Court of Iowa · 1859
3Cited by7 opinions
- State v. StanleySupreme Court of Iowa · 1871
- State v. PhelpsSouth Dakota Supreme Court · 1894
- State v. SchlagelSupreme Court of Iowa · 1865
- State v. Van AukenSupreme Court of Iowa · 1896
- State v. ArnoldSupreme Court of Iowa · 1896
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