Legal Opinion
State v. Carney
Supreme Court of Iowa
Decided February 1, 1866PublishedCited by 21 opinions
Appeals from Polk and Wapello District Courts. For facts, see opinion.
1Opinion of the CourtDillon, J.
I. These cases involve similar questions. The defendants Were severally indicted for different offenses.
Section 4691 of the Revision provides, inter alia, that a motion to set aside the indictment may be made by the defendant, and “ must be sustained when the grand jury were not selected, drawn, summoned, impanneled or sworn as prescribed by law.” Under this section, the defendants, Carney and Stutz, moved to set aside the indictment against them on the following grounds :
1. Because, under § 2725, the jurors were not apportioned on or lefore the first Monday of September. (This objection is…
2Cited by21 opinions
- Indianapolis & St. Louis Railroad v. HorstSupreme Court of the United States · 1876
- State v. BrandtSupreme Court of Iowa · 1875
- Morris v. TerritoryCourt of Criminal Appeals of Oklahoma · 1909
- State v. WilsonSupreme Court of Iowa · 1913
- State v. PellSupreme Court of Iowa · 1909
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