State v. Asbury
Supreme Court of Iowa
Appeal from Appanoose District Court. — Hon. Francis M. Hunter, Judge. Dependant was convicted of rape, and appeals.
1Opinion of the CourtSalinger, J.
1. Indictment AND INFORMATION : setting aside: resubtnission: inherent power of court. I. The court, having discovered that an indictment returned against defendant charged no crime, set it aside on its own motion and ordered a resubmission. It is contended that this action is unauthorized by statute, and therefore erroneous. It seems true the action complained of is not authorized by statute.
Sec. 5319, Code, provides that, if motion to set aside an indictment is made before plea is entered, the indictment must be set aside if certain objections are made to appear. The objections enumerated…
2Cases cited6 opinions
- State v. PetersonSupreme Court of Iowa · 1900
- State v. BosworthSupreme Court of Iowa · 1915
- State v. RowellSupreme Court of Iowa · 1915
- Kesselring v. HummerSupreme Court of Iowa · 1906
- State v. KimbleSupreme Court of Iowa · 1897
1 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- State v. BesterSupreme Court of Iowa · 1969
- State v. KneedySupreme Court of Iowa · 1942
- State v. MartSupreme Court of Iowa · 1945
- State v. BrooksSupreme Court of Iowa · 1917
- State v. DuffSupreme Court of Vermont · 1988
25 more not listed; retrieve them via the Exa API.