State v. Kaufman
Supreme Court of Iowa
Appeal from Iowa District Court. The defendant was indicted for uttering and publishing a forged promissory note with intent to defraud. Upon the trial, one of the jurors “being ill, with the consent of the defendant said juror was discharged, and with the consent of the defendant the trial, before eleven jurors, was resumed and concluded by the order of the court.” There was a verdict of guilty.
Read the full summary
Appeal from Iowa District Court. The defendant was indicted for uttering and publishing a forged promissory note with intent to defraud. Upon the trial, one of the jurors “being ill, with the consent of the defendant said juror was discharged, and with the consent of the defendant the trial, before eleven jurors, was resumed and concluded by the order of the court.” There was a verdict of guilty. A motion was filed in arrest of judgment and for a new trial, on the ground that no legal judgment could be rendered on such a verdict. Both motions were overruled and judgment pronounced. The…
1Opinion of the CourtSeevers, J.
1. CRIMINAL ani may waive statute. — I. It is provided by statute that “the jury consists of twelve men, accepted and sworn to try the issue. All qualified electors of the State * * are competent jurors in their respective counties.” Code, gg 227, 1397. Both these statutory provisions have equal force. If one can be waived, so may the other. It was said in The State v. Groome, 10 Iowa, 308: “If the defendant knew, at the time the jury was sworn, that any of them were not qualified to act as jurors, he would have waived *579his right to obj ect thereafter. ” This decision was made under the Code…
2Cases cited8 opinions
- Cancemi v. . the PeopleNew York Court of Appeals · 1858
- State v. PolsonSupreme Court of Iowa · 1870
- Bell v. StateSupreme Court of Alabama · 1870
- State v. GroomeSupreme Court of Iowa · 1860
- Allen v. StateIndiana Supreme Court · 1876
3 more not listed; retrieve them via the Exa API.
3Cited by75 opinions
- North Carolina v. AlfordSupreme Court of the United States · 1970
- Patton v. United StatesSupreme Court of the United States · 1930
- Schick v. United StatesSupreme Court of the United States · 1904
- Phillip Griffin v. United StatesCourt of Appeals for the Sixth Circuit · 2003
- State v. KlawonnSupreme Court of Iowa · 2000
70 more not listed; retrieve them via the Exa API.