State v. Nash
Supreme Court of Iowa
Appeal from the Lee District Court. At a special term of tlie district court of Lee county, lield at Keokuk, in May, 1858,-tbe defendants were indicted for the murder, of Thomas A. Harrison. A motion was made to quash the indictment, for the reason that the same was not found by a legal grand jury; and that the court was not authorized to impannel a grand jury at said special term, which was authorized to be called “ for the trial of criminals, and for that purpose alone.”
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Appeal from the Lee District Court. At a special term of tlie district court of Lee county, lield at Keokuk, in May, 1858,-tbe defendants were indicted for the murder, of Thomas A. Harrison. A motion was made to quash the indictment, for the reason that the same was not found by a legal grand jury; and that the court was not authorized to impannel a grand jury at said special term, which was authorized to be called “ for the trial of criminals, and for that purpose alone.” The motion was overruled. A motion for a change of venue by defendants, was also overruled. The ground of the application…
1Opinion of the CourtStockton, J.
I. There was no error in the refusal of the court to quash the indictment. ’ The act of assembly authorized and directed a special term of the district court of Lee county, to be held at Keokuk, “ for the trial of criminals, and for that purpose alone.” Session acts, 1858, chap. 134, 259.
The point made by the defendants is, that by the terms of this act, no authority was given to the district court, at said special term, to summon a grand jury for the finding of indictments against persons charged with crime; and that its powers were confined to the trial, simply of criminals already…
2Cases cited6 opinions
- Johnson v. StateSupreme Court of Alabama · 1850
- Campbell v. StateSupreme Court of Georgia · 1852
- McDaniel v. StateMississippi Supreme Court · 1872
- People v. BillNew York Supreme Court · 1813
- People v. WilliamsNew York Supreme Court · 1838
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3Cited by54 opinions
- Miles v. United StatesSupreme Court of the United States · 1881
- State v. ReedSupreme Court of Kansas · 1894
- Lester v. StateSupreme Court of Florida · 1896
- State v. PhillipsSupreme Court of Iowa · 1902
- State v. OstranderSupreme Court of Iowa · 1865
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