State v. O'Malley
Supreme Court of Iowa
Appeal from Dallas District Court.— Hon. James H. Gamble, Judge. Tiie defendant was convicted of keeping a liquor nuisance, and appeals.—
1Opinion of the CourtSherwin, J.
1 Indictment: setting aside.
The defendant moved to set aside the indictment for the reason that certain exhibits which were before the grand jury were not returned with the indictment and filed by the clerk of the court. It is undisputed that the county auditor, lods, identified the same exhibits on the trial, and that they were introduced in evidence. Code, section 5258, among other things, provides that, “ when an indictment is found, all minutes and exhibits relating thereto shall be returned therewith and filed by the clerk of the court, and attached to the indictment.” The provision…
2Cases cited6 opinions
- State v. HurdSupreme Court of Iowa · 1897
- State v. MarshallSupreme Court of Iowa · 1898
- State v. MullenhoffSupreme Court of Iowa · 1888
- State v. BoomerSupreme Court of Iowa · 1897
- State v. McConnellSupreme Court of Iowa · 1894
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- State v. BurrisSupreme Court of Iowa · 1924
- State v. HowardSupreme Court of Iowa · 1921
- State v. BecknerSupreme Court of Iowa · 1924
- State v. OttleySupreme Court of Iowa · 1910
- State v. HueserSupreme Court of Iowa · 1927
3 more not listed; retrieve them via the Exa API.