State v. Arnold
Supreme Court of Iowa
Appeal from Henry District Court. Larceny. Defendant was convicted, and appeals. contended; 1. Tbe defendant was entitled to a continuance through one vacation to enable him to prepare his defense, § 3006, Revision of 1860. 2. The court erred in refusing to change the venue on the application alleging prejudice in the mind of the court.
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Appeal from Henry District Court. Larceny. Defendant was convicted, and appeals. contended; 1. Tbe defendant was entitled to a continuance through one vacation to enable him to prepare his defense, § 3006, Revision of 1860. 2. The court erred in refusing to change the venue on the application alleging prejudice in the mind of the court. Truloclc v. The State of Ioioa, 1 Iowa 515; Gordon v. The State of Iowa, 3 lb. 410; The State of Iowa v. Mooney, 10 Iowa 506. 3. The venue should have been changed on the ground of the prejudice of the people. The State of Iowa v. Mooney, supra, The State of…
1Opinion of the CourtWright, J.
I. Under § 8006 of the Rev. a defendant is not entitled as a matter of right to a continuance of a cause to the term next after that at which the indictment is found. For good cause the court may order the continuance. Granting the rule to be otherwise, however, it could not avail defendant in this case, for the reason that upon his application he was granted a continuance. If there was error therefore in refusing his motion, without the showing of cause, he was not prejudiced. He may have been put to trouble and inconvenience, but inconvenience does not necessarily imply or prove error.
II.…
2Cases cited2 opinions
- State v. NashSupreme Court of Iowa · 1858
- Gordon v. StateSupreme Court of Iowa · 1856
3Cited by31 opinions
- Cooper v. OklahomaSupreme Court of the United States · 1996
- State v. HarrisonWest Virginia Supreme Court · 1892
- State Ex Rel. Davey v. OwenOhio Supreme Court · 1937
- Youtsey v. United StatesCourt of Appeals for the Sixth Circuit · 1899
- Moulton v. StateSupreme Court of Alabama · 1889
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