Legal Opinion

State v. Gillick

Supreme Court of Iowa

Decided December 6, 1859PublishedCited by 6 opinions

Appeal from Dubuque District Court. Murder. A former judgment in tbis case, was reversed by tbis court at tbe December term, 1858. 7 Iowa 287. The material facts are stated in the report of the former opinion, and in the following opinion of the court. argued that a challenge to the panel of a grand jury will be taken as true if no written plea joining issue thereon is filed by the State. 8 Bla. Com. 368, note 21, 1 Chit. Cr. L. 548-541) Whart. Am. Cr. L. 946, Arch. Cr.

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1Opinion of the CourtStocktoN, J.

I. The first error assigned is that the court disallowed the challenge of the defendant to the panel of the grand jury.

The record shows that the defendant introduced no evidence to support his challenge, nor to show that the grand jury were not appointed, drawn and summoned as prescribed by law. The court offered to hear any testimony the defendant might produce to show that the challenge ought to have been sustained. The defendant declined to offer any such testimony. This would have been sufficient to authorize the court to overrule the challenge. The court, however, examined into the…

2Cases cited2 opinions

State v. PierceSupreme Court of Iowa · 1859
State v. HinkleSupreme Court of Iowa · 1858

3Cited by6 opinions

Goldsby v. United StatesSupreme Court of the United States · 1895
State v. ParishSupreme Court of Iowa · 1867
State v. WaltonSupreme Court of Iowa · 1894
State v. BryanSupreme Court of Iowa · 1875
State v. FertigSupreme Court of Iowa · 1891

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