Legal Opinion

State v. Hart

Supreme Court of Iowa

Decided June 15, 1870PublishedCited by 7 opinions

Appeal from General Term, Sixth District {Jefferson County). Wednesday, July 27. Defendant was indicited for larceny in stealing a horse, buggy and other property in the county of Jefferson. Upon the trial he was convicted, and sentenced to the penitentiary for the term of two years. Upon appeal to the general term the judgment of the district court was affirmed. Defendant brings his appeal to this court.

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Appeal from General Term, Sixth District {Jefferson County). Wednesday, July 27. Defendant was indicited for larceny in stealing a horse, buggy and other property in the county of Jefferson. Upon the trial he was convicted, and sentenced to the penitentiary for the term of two years. Upon appeal to the general term the judgment of the district court was affirmed. Defendant brings his appeal to this court. The facts necessary to an understanding of the points ruled are found in the opinion.

1Opinion of the CourtBeck, J.

The assignments of error will be considered in the order presented by defendant’s counsel.

i. criminal tions'to grand tice. I. The defendant moved to set aside the indictment, because of one of the names upon the list of grand jurors, drawn by the county officers for the year 1868, during which defendant was indicted, does not appear upon the list ol grand jurors returned by the judge s of election for that year. This *270fact sufficiently appears in the record. But it does not appear whether the juror, whose name thus appears upon the list of grand jurors, was in fact one of the panel nor does it…

2Cited by7 opinions

  1. Fooshee v. StateCourt of Criminal Appeals of Oklahoma · 1910
  2. State v. BelvelSupreme Court of Iowa · 1893
  3. State v. BrewWashington Supreme Court · 1892
  4. State v. PierceSupreme Court of Iowa · 1894
  5. State v. FortuneSupreme Court of Iowa · 1923

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