State v. Hale
Supreme Court of Iowa
Appeal from Polls District Court. The defendant, having been indicted for keeping a house of ill fame, filed a plea of not guilty, and afterward applied for leave to withdraw her plea, and to file a motion to set aside the indictment; the application and motion being in the following words: “The State oe Iowa v. Madam Hale.
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Appeal from Polls District Court. The defendant, having been indicted for keeping a house of ill fame, filed a plea of not guilty, and afterward applied for leave to withdraw her plea, and to file a motion to set aside the indictment; the application and motion being in the following words: “The State oe Iowa v. Madam Hale. “ Comes núw the defendant and files this her motion asking leave of the court to withdraw her plea of not guilty, and file a motion to set aside the indictment, as provided in section 4337, for the reasons enumerated in subdivision 5 thereof. “Bissell & Crane, Attorneys…
1Opinion of the CourtAdams, J.
We are of the opinion that the defendant should have been allowed to withdraw her plea of not guilty, and to file a motion to set aside the indictment. In State v. Groome, 10 Iowa, 308, it was held that the defendant did not, by accepting a jury, waive objection to the incompetency of a juror on account of not being an elector of the State, the fact of his incompetency not being known to the defendant at the time.
In State v. Abrahams, 6 Iowa, 117, it was held that where two offenses were charged in the indictment, and a plea of not guilty was filed, the defendant should have been allowed to…
2Cases cited3 opinions
- State v. GroomeSupreme Court of Iowa · 1860
- Cochrane v. StateCourt of Appeals of Maryland · 1854
- State v. AbrahamsSupreme Court of Iowa · 1858
3Cited by7 opinions
- State v. StaffordSupreme Court of Iowa · 1946
- State v. MacHovecSupreme Court of Iowa · 1945
- State v. WielandSupreme Court of Iowa · 1933
- City of Salina v. CooperSupreme Court of Kansas · 1890
- State v. FarleeSupreme Court of Iowa · 1888
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