Legal Opinion

State v. Miller

Supreme Court of Iowa

Decided March 18, 1880PublishedCited by 11 opinions

Appeal from Ha/rcM/n, District Gowrt. The defendants were indicted for beeping a gambling bouse. Upon a trial by jury, they were convicted and tbe court adjudged that each defendant pay a fine of $50 .and costs, and they appeal.

1Opinion of the CourtRothrock, J.

1. CRIMINAL jrayScornpíete panel, I. The defendants were not held upon preliminary examination before a magistrate. The prosecution originated before the grand jury. It appears & ty ^ from the record that certain of the grand jurors, ¶-pen called for the purpose of being impaneled, were excused by the court, and that others did not appear. Thereupon the court verbally directed the sheriff to fill up the panel to the requisite number, which he did by calling bystanders without having any process, and without serving any process upon them. The defendants moved to quash the indictment because no…

2Cases cited2 opinions

  1. Hull & Co. v. AlexanderSupreme Court of Iowa · 1869
  2. Berger & Yeiser v. ArmstrongSupreme Court of Iowa · 1875

3Cited by11 opinions

  1. The People v. BrunerIllinois Supreme Court · 1931
  2. State v. BurpeeSupreme Court of Vermont · 1892
  3. Green v. StateCourt of Criminal Appeals of Texas · 1908
  4. Jacobs v. City of CharitonSupreme Court of Iowa · 1954
  5. State v. SandersSupreme Court of Arkansas · 1908

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