State v. Felter
Supreme Court of Iowa
Appeal from Lwm District Court. Indictment for murder. Tbe defendant was first tried in March, 1867, found guilty of murder in the second degree, and sentenced to the penitentiary for life. He appealed to this court, and the judgment was reversed and a new trial ordered. The case is reported in 25th Iowa, 67, which see for a statement of the facts in full.
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Appeal from Lwm District Court. Indictment for murder. Tbe defendant was first tried in March, 1867, found guilty of murder in the second degree, and sentenced to the penitentiary for life. He appealed to this court, and the judgment was reversed and a new trial ordered. The case is reported in 25th Iowa, 67, which see for a statement of the facts in full. Upon the second trial, in March, 1869, he was again found guilty of murder in the second degree and received a like sentence. The defendant again appeals.
1Opinion of the CourtCole, J.
l. Chiminal of venue. I. Before the case was called for trial and at a proper time, the defendant moved for a change of venue from the district on account of the prejudice of the judge. This motion was overruled and hereon the first error is assigned. Under our statute, the *51question of a change of venue is committed to “ the sound discretion of the court.” Rev., § 4733. In such case, an appellate tribunal will not interfere except there is an abuse of sound discretion shown. State v. Ross and Mann, 21 Iowa, 467, and other cases. No such showing is made in this case.
s. Evidence .- continuance.…
2Cases cited12 opinions
- People v. GarbuttMichigan Supreme Court · 1868
- The People v. . McCannNew York Court of Appeals · 1857
- Hopps v. PeopleIllinois Supreme Court · 1863
- State v. NashSupreme Court of Iowa · 1858
- State v. RossSupreme Court of Iowa · 1866
7 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Powers v. StateIndiana Supreme Court · 1882
- Ford v. StateSupreme Court of Alabama · 1882
- State v. MorphySupreme Court of Iowa · 1871
- State v. BrandenbergerSupreme Court of Iowa · 1911
- Hodge v. StateSupreme Court of Florida · 1890
21 more not listed; retrieve them via the Exa API.