State v. Munzenmaier
Supreme Court of Iowa
Appeal from Polk District Court. Defendant was indicted under the eighth section of “ the act for the suppression of intemperance.” At the July Term, 1866, of the Polk District Court, he was tried and convicted- — fined $200, and now appeals. For further facts see the opinion.
1Opinion of the CourtWright, J.
'.'ci.GBAjro.juBT: Btanders. I. It appears that this indictment was found in January, 1866. In November, 1865, the clerk issued his precept to the sheriff, commanding him to summon fifteen persons by name to serve as a grand jury for the year commencing the then next January. At the January Term, when this indictment was found, the record shows that the sheriff brought into court “ fifteen good and lawful men to serve as grand jurors,” eight of them being other and different persons from those named in the precept. Defendant moved to set aside the indictment, because the grand jury were not…
2Cases cited2 opinions
- Cancemi v. . the PeopleNew York Court of Appeals · 1858
- State v. BaughmanSupreme Court of Iowa · 1866
3Cited by1 opinion
- State v. MillerSupreme Court of Iowa · 1880