State v. Schlagel
Supreme Court of Iowa
Appeal from Dubuque District Oourt. The defendant was indicted jointly with, others for the crime of larceny. There was a trial, with verdict of guilty and judgment, and sentence for five years’ imprisonment t in the penitentiary, and to the payment of the costs of the prosecution. Defendant appeals..
1Opinion of the CourtCole, J.
I. The transcript shows “that a jury were impanneled as follows, to wit,” &c. But it does not state i. pbac-not sworn. that the jury was sworn. It is now assigned as error, that the jury was not sworn. After the trial and verdict the defendant moved for a new trial, but does not state as a cause therefor, that the jury was not sworn, nor does such objection anywhere appear to have been made in the District Court. This cpurt simply reviews the action of the District Court, and does not determine questions not made there. If the jury was not sworn, and that fact was made affirmatively to…
2Cases cited2 opinions
- State v. McCombSupreme Court of Iowa · 1864
- Sharp v. StateSupreme Court of Iowa · 1856
3Cited by18 opinions
- State v. BetsallWest Virginia Supreme Court · 1877
- State v. CottonSupreme Court of Iowa · 1948
- Clough v. StateNebraska Supreme Court · 1878
- State v. Van WinkleSupreme Court of Iowa · 1890
- Shields v. StateCourt of Criminal Appeals of Oklahoma · 1925
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