Edmunds v. Griffin
Supreme Court of Iowa
Appeal from Polk District Court. — W. S. Ayres, Judge. Habeas corpus proceedings to secure the release of plaintiff from the custody of defendant sheriff and an agent of the state of Colorado, who are holding him under an executive order issued by the governor of this state upon requisition of the governor of Colorado. The trial court denied the application, and plaintiff appeals.
1Opinion of the CourtHeemer, J.
Plaintiff was indicted by the grand jury of Huerfano County, Colorado, for the crime of murder. The indictment was in short form, as follows:
‘ ‘ That the defendant did then and there feloniously, wilfully, deliberately, premeditatedly, and of (his) malice aforethought hill and murder one Pliny P. Lester, contrary to the form of the statute,” etc.
The indictment was in exact conformity with the statutes of Colorado. See Colorado Statutes of 1908, p. 577, Section 1956, reading as follows:
‘‘Sec. 349. All exceptions which go merely to the form of an indictment shall be made before trial, and no…
2Cases cited3 opinions
- Leonard v. ZweifelSupreme Court of Iowa · 1915
- Taylor v. WiseSupreme Court of Iowa · 1910
- Harris v. MageeSupreme Court of Iowa · 1911
3Cited by8 opinions
- People Ex Rel. Higley v. MillspawNew York Court of Appeals · 1939
- State v. BoothMontana Supreme Court · 1958
- People ex rel. Arnold v. AllenNew York Supreme Court · 1961
- Finch v. WestNebraska Supreme Court · 1921
- People ex rel. Cavers v. GrasheimNew York Supreme Court · 1961
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