State v. Gibbs
Supreme Court of Iowa
Appeal from Adair District Court. This is an appeal from an order of the Dsitrict Court, overruling a motion made by defendant to set aside an indictment against him for the crime of embezzlement. The further facts appear in the opinion.
1Opinion of the Court
Miller, Ch. J.
The indictment against appellant was presented February 17th, 1873. At the September term, 1873, of the court, defendant, after arraignment, filed a motion to set aside the indictment on the following grounds: “ 1st. The said indictment was not presented and marked filed as prescribed in section 4648, of the Revision. * * * 2d. The said grand jury were not selected, drawn, summoned, impaneled, or sworn, as prescribed by law. * * * .”
Numerous affidavits, and the testimony of several witnesses were introduced in support of the motion.
I. It was attempted to show that the drawing of…
2Cases cited3 opinions
- Wright v. Illinois & Mississippi Telegraph Co.Supreme Court of Iowa · 1866
- State v. WoodSupreme Court of Iowa · 1864
- Cook v. SypherSupreme Court of Iowa · 1856
3Cited by17 opinions
- State v. CampbellSupreme Court of Kansas · 1906
- State v. MewherterSupreme Court of Iowa · 1877
- Fooshee v. StateCourt of Criminal Appeals of Oklahoma · 1910
- Gitchell v. PeopleIllinois Supreme Court · 1893
- State v. SmithSupreme Court of Iowa · 1920
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