Legal Opinion

State v. Ostrander

Supreme Court of Iowa

Decided June 5, 1865PublishedCited by 77 opinions

Appeal from Fayette District Court. Indictment for murder : number of jurors necessary to constitute yalid grand jury: change of venue: continuance: refusing attachments for petit jurors: hypothetical opinion founded on rumor, does not disqualify petit juror : MODE and ORDER OF CHALLENGING PETIT JURY; OATH TO JURY IN CRIMINAL CASE: WITNESSES WHOSE NAMES ARE NOT INDORSED : MINUTES OF THE GRAND JURY AS EVIDENCE: ADMISSIONS MADE UNDER THREATS AND PROMISES: INSTRUCTIONS : DEADLY…

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Appeal from Fayette District Court. Indictment for murder : number of jurors necessary to constitute yalid grand jury: change of venue: continuance: refusing attachments for petit jurors: hypothetical opinion founded on rumor, does not disqualify petit juror : MODE and ORDER OF CHALLENGING PETIT JURY; OATH TO JURY IN CRIMINAL CASE: WITNESSES WHOSE NAMES ARE NOT INDORSED : MINUTES OF THE GRAND JURY AS EVIDENCE: ADMISSIONS MADE UNDER THREATS AND PROMISES: INSTRUCTIONS : DEADLY WEAPONS: REASONABLE DOUBTS, &C. —On the 10th day of June, 1862, the grand jury of Fayette county presented a bill of…

1Opinion of the CourtDillon, J.

1. Grand jury: number of jurors. I. The first question is, whether the indictment was found by a legally constituted grand jury? The bill was found and filed June 10th, 1862. On the 12th day of June, and before pleading to the indictment, the defendant filed a motion to quash or set aside the same, because it was found by a grand jury consisting of only fourteen members.

Statement of facts. — On the hearing of this motion, the court certifies in a bill of exceptions that the following facts were proved: When the grand jury were called to be impanneled, the judge ordered the defendant, who was…

2Cases cited24 opinions

  1. State v. NashSupreme Court of Iowa · 1858
  2. State v. GroomeSupreme Court of Iowa · 1860
  3. Parsons v. StateSupreme Court of Alabama · 1853
  4. Bissell v. RyanIllinois Supreme Court · 1860
  5. State v. BowersSupreme Court of Iowa · 1864

19 more not listed; retrieve them via the Exa API.

3Cited by77 opinions

  1. Garner v. StateSupreme Court of Florida · 1891
  2. State v. PhillipsSupreme Court of Iowa · 1902
  3. Lovett v. StateSupreme Court of Florida · 1892
  4. State v. BlythSupreme Court of Iowa · 1975
  5. Fitts v. Superior CourtCalifornia Supreme Court · 1936

72 more not listed; retrieve them via the Exa API.

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