Dixon v. State
Supreme Court of Iowa
Error to the Lucas District Court. ' At the September term, A.D. 1854, of the District Court in Monroe county, the plaintiff in error was indicted for an assault with intent to murder. On his petition, the venue was changed to Lucas county, where he was convicted of an assault, and battery. The plaintiff assigns for erior, certain rulings of the court below, wbicb will be found sufficiently stated in tbe opinion of tbe court.
1Opinion of the Court
Woodward, J.[1]-
— Tbe first assignment of error is, tbat tbe court sustained tbe motion of tbe state, to strike from tbe files tbe defendant’s second plea in abatement. This was a plea to tbe indictment, and was based upon tbe alleged ground, tbat tbe grand jury wbicb found tbe bill, was not appointed, drawn, or summoned, as is required by law, and was not a legal grand jury, in consequence of certain omissions and neglect of tbe township and county officers. This objection is a challenge to tbe array, recognized in chapter 166 of tbe Code, §§ 2882, 2890. Tbe defendant was under arrest, and…
2Cases cited1 opinion
- Benham v. StateSupreme Court of Iowa · 1855
3Cited by8 opinions
- State v. ShepardSupreme Court of Iowa · 1859
- State v. MarshallSupreme Court of Iowa · 1928
- State v. OckijSupreme Court of Iowa · 1914
- State v. HinkleSupreme Court of Iowa · 1858
- State v. ShaverSupreme Court of Iowa · 1923
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