State v. Fertig
Supreme Court of Iowa
Appeal from Floyd District Court. — Hon. P. W. Burr, Judge. The defendant was indicted, tried, and convicted upon a charge of keeping and maintaining a nuisance by the sale of intoxicating liquors, and she appeals,—
1Opinion of the CourtBothrock, C. J.
1 I. The defendant filed a motion to set aside the indictment upon the ground that IT. J. Fitzgerald, who was not a member of the grand jury, was present before the grand jury during the investigation of the case against the defendant, and that said Fitzgerald took part in the proceeding, by examining witnesses. The motion was- denied, and ' complaint is made of the ruling. By section 4887, of the Code, one of the grounds for setting aside an indictment is, “When any person other than the grand jurors was present before the grand jury, when the question was taken upon the finding of the…
2Cited by8 opinions
- United States v. RosenthalU.S. Circuit Court for the District of Southern New York · 1903
- State v. BatesIndiana Supreme Court · 1897
- Fooshee v. StateCourt of Criminal Appeals of Oklahoma · 1910
- State v. BrewsterSupreme Court of Vermont · 1898
- Gray v. StateCourt of Appeals of Georgia · 1913
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