State v. Hamilton
Supreme Court of Iowa
Appeal from Washington District Court. Indictment for obstructing a highway. The District Court refused to permit Elias King to testify before the jury for the alleged reason that the minutes of his testimony had not been returned by the grand jury with the indictment to the court. The State appeals.
1Opinion of the Court
Seevers, Ch. J.
It is clear the witness, King, testified
before the grand jury, and that sufficiently full minutes of his testimony were taken and that the same were returned to the court, and that such minutes were indorsed by the clerk as follows: “Presented and filed with the indictments in The State v. W. Hamilton and State v. Michael Randan and Morgan Hart, July 23, 1874 C. T. Jones, Clerk D. C.” The indictment was indorsed, “Found at the instance of Elias King, private prosecutor.” “Witnesses for the State, Elias King, I. W. Forry, J. C. Taylor, A. S. Bailey, Jacob O. Jones,” and was in…
2Cited by2 opinions
- State v. CrossSupreme Court of Iowa · 1895
- State v. DossSupreme Court of Iowa · 1899