Trulock v. State
Supreme Court of Iowa
Error to the Henry District Court. At the October term, 1854, of the Des Moines District Court, 'Samuel M. Trulock was indicted fox the murder of Thomas B. McCormick. A trial was had at. the same term, which resulted in the discharge of the jury, from their inability to •agree.' At the last Spring term, on motion and affidavit of defendant, the venue was changed to Henry county, in the same district.
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Error to the Henry District Court. At the October term, 1854, of the Des Moines District Court, 'Samuel M. Trulock was indicted fox the murder of Thomas B. McCormick. A trial was had at. the same term, which resulted in the discharge of the jury, from their inability to •agree.' At the last Spring term, on motion and affidavit of defendant, the venue was changed to Henry county, in the same district. The cause being called at the last October 'term of said court, defendant appeared, and filed his affidavit, in proper form, for a change of venue to another judicial district, because of the…
1Opinion of the CourtWright, C. J.
Tbe counsel for tbe prisoner, bave urged several alleged errors, arising on tbe record before us, either of wbicb it is claimed, must reverse tbe cause. We shall,, however, pass upon but one. And that is, should tbe court below bave granted tbe prisoner á new trial ? To determine this, it becomes necessary, to refer, somewhat in detail, to tbe motion made therefor in tbe court below. This motion was made on substantially tbe following grounds. Defendant filed bis affidavit setting forth that for six months previous be bad been sick, and for most of tbe time confined to bis bouse; that upon…
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