State v. Harris
Supreme Court of Iowa
Appeal from Polk District Gou/rt. At the November term, 1871, of the Polk District Court, the defendants were, indicted for conspiracy. The cause was continued to the March term, following when the defendants demurred to the indictment.
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Appeal from Polk District Gou/rt. At the November term, 1871, of the Polk District Court, the defendants were, indicted for conspiracy. The cause was continued to the March term, following when the defendants demurred to the indictment. Their demurrer was sustained; and thereupon the court ordered that the defendants be held, upon tlieir recognizance, already taken, to answer any future indictment for the same offense, and that the matter be re-submitted to tbe grand jury then in session. At tbe same term of court, the grand jury duly returned into court another indictment accusing, “William…
1Opinion of the CourtCole, J.
1. ckiminai. granel jury waiver. — I. Under our statute, a defendant held to answer for a public offense may challenge the panel of the grand jury, or any individual juror. Eev. of 1860, § 4611. -^11^ ^at a ^ias f°rme(l or expressed an unqualified opinion that the defendant is guilty of the offense, for which he is held to answer, is a good cause for challenge to an individual juror. Eev., § 4613, Sub-div. 3. While this right of challenge is given by statute, it need not be exercised by the defendants. That a defendant may waive the right altogether, was decided by this court in The State v.…
2Cases cited2 opinions
- State v. FelterSupreme Court of Iowa · 1868
- Funk & Hardman v. IsraelSupreme Court of Iowa · 1858
3Cited by7 opinions
- State v. RuthvenSupreme Court of Iowa · 1882
- Fries & Co. v. PorchSupreme Court of Iowa · 1878
- State v. HardinSupreme Court of Iowa · 1909
- State v. BlackledgeSupreme Court of Iowa · 1932
- Lemp v. FullertonSupreme Court of Iowa · 1891
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