State v. Bryan
Supreme Court of Iowa
Appeal from Glinton District Gourt. The defendant was indicted for the crime of embezzlement of public money while holding the office of treasurer of Jack, son county, in 1873. The venue was changed to Clinton county, and there, upon a plea of not guilty, the cause was tried to a jury, who found the defendant guilty as charged, and found the amount embezzled to be $41,604.65. The court then sentenced the defendant to the penitentiary for three years, and to pay a fine equal…
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Appeal from Glinton District Gourt. The defendant was indicted for the crime of embezzlement of public money while holding the office of treasurer of Jack, son county, in 1873. The venue was changed to Clinton county, and there, upon a plea of not guilty, the cause was tried to a jury, who found the defendant guilty as charged, and found the amount embezzled to be $41,604.65. The court then sentenced the defendant to the penitentiary for three years, and to pay a fine equal to the amount embezzled. The defendant appeals.
1Opinion of the CourtCole, J.
I. After commencing to empanel a jury in the cause, and three jurors, at least, had been challenged, the 1. jury: chai-.ei: practice. defendant challenged the panel of petit jurors, It is not necessary to state the grounds of challenge or the facts respecting it, since we hold that the court properly overruled the challenge, because of the time it was interposed. Our statute provides, Code, § 4401, “ a challenge to the panel must be taken before a challenge to any individual juror.” The appellant’s counsel seek to avoid the effect of this provision, by showing that the venire was not returned…
2Cases cited4 opinions
- State v. HinkleSupreme Court of Iowa · 1858
- State v. LawrenceSupreme Court of Iowa · 1873
- State v. SaterSupreme Court of Iowa · 1859
- State v. GillickSupreme Court of Iowa · 1859
3Cited by8 opinions
- State v. HaworthUtah Supreme Court · 1902
- State v. WilliamsSupreme Court of Iowa · 1970
- State v. KingSupreme Court of Iowa · 1891
- State v. SchumacherSupreme Court of Iowa · 1913
- State v. WrightSupreme Court of Kansas · 1891
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