State v. Kimble
Supreme Court of Iowa
Appeal from Washington District Court. — Hon. A. R. Dewey, Judge. The defendant was charged by indictment with the crime of incest. The case coming on for trial, objection to the introduction, of evidence was sustained. A motion to direct a verdict for the defendant was overruled. A motion to re-commit the case to the grand jury, and to hold the defendant ais provided in preliminary examinations, was overruled.
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Appeal from Washington District Court. — Hon. A. R. Dewey, Judge. The defendant was charged by indictment with the crime of incest. The case coming on for trial, objection to the introduction, of evidence was sustained. A motion to direct a verdict for the defendant was overruled. A motion to re-commit the case to the grand jury, and to hold the defendant ais provided in preliminary examinations, was overruled. The jury was discharged from the further consideration of the case, and the defendant was discharged from custody. The state appeals.
1Opinion of the CourtRobinson, J.
The case was called for trial; a jury was impaneled; and a witness sw'orn in behalf of the state. Thedefendant at that time objected to the offering of testimony, on the alleged ground that the indictment did not charge the crime of incest, nor any other crime, under the statutes of this state. The objection wais sustained, and we infer that subsequent rulings of the court were also based upon the theory that the indictment did not charge a crime.
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*212 *20I. Section 4337 of the Code of 1873 authorized the setting aside of an indictment upon motion when any one of several grounds specified was shown…
2Cases cited1 opinion
- State v. HurdSupreme Court of Iowa · 1897
3Cited by4 opinions
- State v. AsburySupreme Court of Iowa · 1915
- Wood v. StateCourt of Criminal Appeals of Oklahoma · 1941
- State v. FisherSupreme Court of Iowa · 1915
- State v. HanlinSupreme Court of Iowa · 1907