State v. Jensen
Supreme Court of Iowa
Appeal from Hamilton District Court.- — E. M. McCall, Judge. Indictment charging defendant with the seduction of Hattie Arends. The Honorable D. C. Chase was employed as special counsel to aid the State.
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Appeal from Hamilton District Court.- — E. M. McCall, Judge. Indictment charging defendant with the seduction of Hattie Arends. The Honorable D. C. Chase was employed as special counsel to aid the State. His so acting, was objected to on the ground that he was disqualified by the provision of Section 305 of the Code of 1897, which prohibits an attorney from thus assisting the State if he be interested in a civil action in which the recovery might be had upon what is involved in the criminal prosecution. Mr. Chase was, notwithstanding the objection, permitted to act. Defendant was convicted,…
1Opinion of the CourtSalinger, J.
*1099County attoranee Arfterést private attofney‘ *1098But a timely and adequate objection was interposed. In a sense, this fact makes a ease of first impres*1099sion in this jurisdiction. No decision of our own is cited, and, 011 yery considerable research, we have found none in which, on timely objection, a refusal to exclude the'special counsel was sustained, or wherein, on such objection, the refusing to exclude him worked a reversal. In other words, all our cases, and many others, have not reached the question here presented.
State v. Smith, 108 Iowa 440, turns upon the failure to. make timely…
2Cases cited35 opinions
- State ex rel. Durner v. HueginWisconsin Supreme Court · 1901
- Meister v. PeopleMichigan Supreme Court · 1875
- Wight v. RindshopfWisconsin Supreme Court · 1877
- State v. RussellWisconsin Supreme Court · 1892
- People v. HillhouseMichigan Supreme Court · 1890
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3Cited by9 opinions
- People v. Superior Court (Greer)California Supreme Court · 1977
- Commonwealth v. TaborMassachusetts Supreme Judicial Court · 1978
- Born v. StateCourt of Criminal Appeals of Oklahoma · 1964
- State v. BashamSouth Dakota Supreme Court · 1969
- State v. LilteichSupreme Court of Iowa · 1922
4 more not listed; retrieve them via the Exa API.