State v. Callendine
Supreme Court of Iowa
Appeal from the DesMoines District Court. At the April term of the district court, 1858, the defendant was indicted for having in his possession thirteen forged and counterfeit bank bills, with intent to defraud, knowing them to be so counterfeited. The defendant filed a motion for a change of venue, a motion to quash, and a demurrer, which were successively overruled; and he then filed a plea of not guilty, and a special plea.
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Appeal from the DesMoines District Court. At the April term of the district court, 1858, the defendant was indicted for having in his possession thirteen forged and counterfeit bank bills, with intent to defraud, knowing them to be so counterfeited. The defendant filed a motion for a change of venue, a motion to quash, and a demurrer, which were successively overruled; and he then filed a plea of not guilty, and a special plea. To the special plea a demurrer was filed, and sustained by the court. The defendant was convicted, and sentenced to the penitentiary for five years, from which…
1Opinion of the Court
Woodward, L
As the last plea determines the case, if found true, and presents an interesting and important question, we turn our first attention to it.
This plea avers, that at the November term, 1856, of the same court, he was legally and regularly indicted for the same offense; that he pleaded to the indictment, and issue was joined thereon ; that a jury was regularly impanneled and sworn, and the trial progressed to the examination of one Healy and one McDonald, as witnesses on the part of tlie state, when, on motion of the court, the indictment was dismissed, and the defendant was…
2Cases cited3 opinions
- Hart v. Mayor of AlbanyCourt for the Trial of Impeachments and Correction of Errors · 1832
- Wright v. StateIndiana Supreme Court · 1854
- United States v. ShoemakerU.S. Circuit Court for the District of Illinois · 1840
3Cited by31 opinions
- State Ex Rel. Dandy v. ThompsonWest Virginia Supreme Court · 1964
- State v. RedmanSupreme Court of Iowa · 1864
- Gillespie v. StateIndiana Supreme Court · 1907
- Loyd v. StateCourt of Criminal Appeals of Oklahoma · 1911
- State v. JohnsonSupreme Court of Iowa · 1868
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