Legal Opinion

State v. Graff

Supreme Court of Iowa

Decided April 9, 1896PublishedCited by 4 opinions

Appeal from Dubuque District Court. — Hon. Fred O’Donnell, Judge. Defendant was held in jail to answer before the grand jury for the crime of larceny from a building in the nighttime. At the September term, 1895, he was brought before the grand jury for the purpose of exercising his right of challenge.

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Appeal from Dubuque District Court. — Hon. Fred O’Donnell, Judge. Defendant was held in jail to answer before the grand jury for the crime of larceny from a building in the nighttime. At the September term, 1895, he was brought before the grand jury for the purpose of exercising his right of challenge. He challenged the panel “for that said grand jury was not listed, drawn, and impaneled under the 'enactments of the Twenty-fifth General Assembly (chapter 70), nor was any notice published in accordance with said laws, and for those reasons said grand jury was of no legal existence, and had no…

1Opinion of the CourtGiven, J.

I. This grand jury was selected, drawn, and summoned, as provided in’ chapter 10, of title 8, of the Code of 1878, and under that statute constituted the grand jury of Dubuque county, for the year 1895. April 26,1894, chapter 70, of the Laws of the Twenty-fifth General Assembly, entitled “An act to amend chapter 10, title 3, of the Code of 1873, relating to selecting and drawing jurors,” was approved. Said chapter 70, provides a different mode of selecting jurors from that provided in said chapter 10; and appellant’s contention is, that the latter act repealed the former, as to the mode of…

2Cited by4 opinions

  1. State v. BurrisSupreme Court of Iowa · 1922
  2. State v. SiegelSupreme Court of Iowa · 1936
  3. State v. ArchibaldSupreme Court of Iowa · 1929
  4. State v. WiltseySupreme Court of Iowa · 1897

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