State v. Pierce
Supreme Court of Iowa
Appeal from the Linn District Court. The defendant was indicted for forgery, in writing tbe name of one Fay across the back of a certain order, drawn by a bank in Rhode Island on a bank in New York, with intent to defraud, &c. Objections were made to the manner of impanneling the grand and petit jury, as also to the indictment, all of which were overruled. Exceptions were taken to the admission of certain testimony, and to the giving and refusing of certain instructions.
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Appeal from the Linn District Court. The defendant was indicted for forgery, in writing tbe name of one Fay across the back of a certain order, drawn by a bank in Rhode Island on a bank in New York, with intent to defraud, &c. Objections were made to the manner of impanneling the grand and petit jury, as also to the indictment, all of which were overruled. Exceptions were taken to the admission of certain testimony, and to the giving and refusing of certain instructions. Defendant was found guilty, and sentenced to the penitentiary for three years. The other material facts are stated in the…
1Opinion of the CourtWright, C. J.
It seems that all of the grand jurors, summoned by the sheriff under the precept issued to him, in due form, did not attend at the time appointed, and thereupon the court directed the sheriff to complete the panel by selecting talesmen. The prisoner, by plea, set up these facts, and asked, that by reason of the same, the indictment should be set aside. A demurrer to the plea was sustained, and we think correctly.
The objection was, as we understand it, that a precept should have been issued to the sheriff, and that, without such precept, he could not regularly fill the panel. The record and…
2Cases cited2 opinions
- People v. ShallCourt Of Oyer And Terminer New York · 1829
- State v. NewlandSupreme Court of Iowa · 1858
3Cited by22 opinions
- People v. . McQuadeNew York Court of Appeals · 1888
- Milton v. United StatesCourt of Appeals for the D.C. Circuit · 1940
- State v. JohnsonSupreme Court of Iowa · 1868
- King v. StateCourt of Criminal Appeals of Texas · 1900
- State v. SherwoodSupreme Court of Iowa · 1894
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