State v. Morris
Supreme Court of Iowa
Appeal from Clarice District Court. The defendant w;as indicted, in connection with one William Collins, for the crime of uttering as true, a forged promissory note for the payment of money. The defendant Morris moved to quash and set aside the indictment, because there are no minutes of the evidence taken before the grand jury, and returned with indictment showing that he had any connection witb tbe offense.
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Appeal from Clarice District Court. The defendant w;as indicted, in connection with one William Collins, for the crime of uttering as true, a forged promissory note for the payment of money. The defendant Morris moved to quash and set aside the indictment, because there are no minutes of the evidence taken before the grand jury, and returned with indictment showing that he had any connection witb tbe offense. This motion was overruled, and tbe defendant refusing to plead, the court ordered a plea of not guilty entered of record. Tbe defendant Morris excepted, and appeals.
1Opinion of the CourtCole, J.
— The minutes of tbe evidence taken before tbe grand jury and returned witb tbe indictment, while they contain references to tbe defendant Morris, nevertheless do not show sufficient facts to justify tbe finding of tbe indictment, as against him. But this is not a ground for quashing or setting aside tbe indictment. Rev., § 4691. See, also, The State v. Bowers, 17 Iowa, 46, and The State v. Van Vleet, 23 id. 27. When a motion to set aside an indictment is denied by tbe court, tbe defendant must immediately demur or plead thereto. § 4696. If be refuse to do either, “ a plea of not guilty must…
2Cases cited1 opinion
- State v. BowersSupreme Court of Iowa · 1864
3Cited by5 opinions
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- State v. SmithSupreme Court of Iowa · 1888
- State v. BaughmanSupreme Court of Iowa · 1900
- State v. BoucherSupreme Court of Iowa · 1946