State v. Miller
Supreme Court of Iowa
Apjpeal from Hardim District Court. The defendants were indicted for the crime of nuisance in erecting and using a building for the unlawful sale of intoxicating liquors, and upon conviction, sentenced to pay a fine of $100 each. They now appeal to this court. The facts of the case involved in the points ruled appear in the opinion.
1Opinion of the CourtBeck, J.
í criminal jury1: ^ncompíete panel, PeaU and were excused. Thereupon the court orally directed the sheriff to fill up the panel, who proceeded to call from the bystanders the number of persons required. No written order or process was issued to the officer. The defendant, at the proper time, moved to quash the indictment on the ground that the grand jury was not legally drawn, summoned and impaneled. The facts above stated constitute the grounds of this motion. Counsel insist that in such cases the law requires a precept to be issued, commanding the sheriff to summon the necessary talesmen…
2Cases cited5 opinions
- State v. BrandtSupreme Court of Iowa · 1875
- State v. ReidSupreme Court of Iowa · 1866
- State v. PierceSupreme Court of Iowa · 1859
- State v. GarhartSupreme Court of Iowa · 1872
- State v. MunzenmaierSupreme Court of Iowa · 1867
3Cited by10 opinions
- Lewinsohn v. United StatesCourt of Appeals for the Seventh Circuit · 1921
- State v. WilsonSupreme Court of Iowa · 1913
- Whitelaw Furniture Co. v. BoonTennessee Supreme Court · 1899
- State v. BlackburnSupreme Court of Iowa · 1946
- State v. EgglestonSupreme Court of Iowa · 1925
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