State v. Brandt
Supreme Court of Iowa
Appeal from Polk District Cowrt. At the April term, 1874, the grand jury presented to the District Court then in session in Polk county, the following indictment: “District Court of the County of Polk, State of Iowa: , The State oe Iowa against Isaao Brandt. Indictment for Embezzlement of Public Money.
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Appeal from Polk District Cowrt. At the April term, 1874, the grand jury presented to the District Court then in session in Polk county, the following indictment: “District Court of the County of Polk, State of Iowa: , The State oe Iowa against Isaao Brandt. Indictment for Embezzlement of Public Money. The grand jury of the county of Polk, in the State of Iowa, being legally impaneled, drawn and charged in the name and by the authority of the State of Iowa, accuse Isaac Brandt of the crime of embezzlement of public money, committed as follows: The said Isaac Brandt, on the 30th day of June,…
1Opinion of the Court
Miller, Ch. J. —
The appellant’s counsel assign as error the overruling of their motion to set aside the indictment.
It is provided in section 4337 of the Code, that the motion to set aside the indictment can be made on the ground, among others, “ that the grand 'jury were not selected, drawn, summoned, impaneled or sworn as prescribed by law,” and that the motion “ must be sustained.” The statute, (Code, section 4538,) also provides that this court, on appeal, must examine the record, and without regard to technical errors or defects, which do not affect the substantial rights of the parties,…
2Cases cited13 opinions
- United States v. HartwellSupreme Court of the United States · 1868
- State v. MyersSupreme Court of Iowa · 1860
- State v. CarneySupreme Court of Iowa · 1866
- State v. CoosterSupreme Court of Iowa · 1860
- State v. AnsalemeSupreme Court of Iowa · 1863
8 more not listed; retrieve them via the Exa API.
3Cited by55 opinions
- Bartley v. StateNebraska Supreme Court · 1898
- Doss v. StateAlabama Court of Appeals · 1929
- Mosebach v. BlytheCourt of Appeals of Iowa · 1979
- Clay v. Central Railroad & Banking Co.Supreme Court of Georgia · 1890
- State v. WilsonSupreme Court of Iowa · 1913
50 more not listed; retrieve them via the Exa API.