State v. Garhart
Supreme Court of Iowa
Appeal from Oherohee District Oov/rt. At the June term, 1872, of the district court eleven of the regular grand jurors appeared and answered to their names upon being called, whereupon the court ordered the sheriff to fill the panel, which was done by summoning four others; and it appearing that the defendant was held to appear at the then term of court on a charge of embezzlement, he was called and appeared in person and by attorney, and challenged nine of the grand jurors…
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Appeal from Oherohee District Oov/rt. At the June term, 1872, of the district court eleven of the regular grand jurors appeared and answered to their names upon being called, whereupon the court ordered the sheriff to fill the panel, which was done by summoning four others; and it appearing that the defendant was held to appear at the then term of court on a charge of embezzlement, he was called and appeared in person and by attorney, and challenged nine of the grand jurors then in the box, which challenges were sustained by the court, leaving only six grand jurors qualified to act as such…
1Opinion of the CourtMiller, J.
The number of grand jurors required by the statute to be drawn and summoned to serve as the grand jury of any county is fifteen qualified persons. Rev., § 2732, as amended by ch. 167, Laws of 1870. The statute further provides: “ At the time of a term of court at which grand jurors are required to appear, the panel shall be called, and the names of grand jurors who appear shall be entered of record. If fifteen grand jurors do not appear, or if the number appearing be reduced from any cause, either then or afterward, to less than fifteen, the court may order the sheriff of the county to summon…
2Cases cited2 opinions
- State v. OstranderSupreme Court of Iowa · 1865
- State v. MooneySupreme Court of Iowa · 1860
3Cited by2 opinions
- State v. SheltonSupreme Court of Iowa · 1884
- State v. MillerSupreme Court of Iowa · 1880