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Legal Opinion

Kotek v. Bennett

Supreme Court of Iowa

Decided November 12, 1963No. 51141PublishedCited by 16 opinions

1Opinion of the CourtLarson, J.

Applicant’s petition for writ of habeas corpus filed April 25,1963, discloses he was charged by county attorney’s information with the crime of “murder in the first degree,” was tried and convicted of murder in the second degree, and was sentenced to life imprisonment at hard labor in the Iowa State Penitentiary at Fort Madison, Iowa, as provided in section 690.3, Code of Iowa, 1950.

He alleged, among other things, that he was not afforded a fair and impartial trial because he was required to stand trial upon a county attorney’s information rather than a grand jury indictment, because the…

2Cases cited9 opinions

  1. Eilenbecker v. District Court of Plymouth CountySupreme Court of the United States · 1890
  2. State v. OstbySupreme Court of Iowa · 1926
  3. State v. CooperSupreme Court of Missouri · 1961
  4. Meeks v. LainsonSupreme Court of Iowa · 1955
  5. Reeves v. LainsonSupreme Court of Iowa · 1944

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3Cited by16 opinions

  1. Beier Glass Co. v. BrundigeSupreme Court of Iowa · 1983
  2. State v. AbodeelySupreme Court of Iowa · 1970
  3. Furgison v. StateSupreme Court of Iowa · 1974
  4. Albert Charles Wessling v. John E. Bennett, WardenCourt of Appeals for the Eighth Circuit · 1969
  5. Kelli Jo Griffin v. Paul Pate, in His Official Capacities as the Secretary of State of Iowa, and Denise Fraise, in Her Official Capacities as the County Auditor of Lee County, IowaSupreme Court of Iowa · 2016

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