Sharp v. State
Supreme Court of Iowa
JSrror to the Dubuque District Court. On tbe 18tb day of April, 1856, tbe plaintiff was indicted in tbe Delaware District Court, for tbe murder of one Josbua E. Stout. On tbe same day, be was arraigned, and filed bis written plea of not guilty. He then applied for and obtained a change of venue to tbe county of Dubuque, and at tbe May term in that county, was tried, found guilty of murder in tbe second decree, and sentenced to imprisonment in tbe penitentiary for ten years.
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JSrror to the Dubuque District Court. On tbe 18tb day of April, 1856, tbe plaintiff was indicted in tbe Delaware District Court, for tbe murder of one Josbua E. Stout. On tbe same day, be was arraigned, and filed bis written plea of not guilty. He then applied for and obtained a change of venue to tbe county of Dubuque, and at tbe May term in that county, was tried, found guilty of murder in tbe second decree, and sentenced to imprisonment in tbe penitentiary for ten years. After verdict, be filed bis motion in arrest of judgment, wbicb was overruled. Tbe overruling of tbis motion, is tbe…
1Opinion of the CourtWright, C. J.
It appears from the record, that this indictment was found, at what is styled in the transcript, “ an adjourned term,” of the Delaware District Court. After the venue was changed, the clerk of the court made out a certified copy of the record entry of the finding of said indictment, of defendant’s application for said change, and the order granting the same. This transcript, together with the “ indictment and other papers,” were placed in an envelope, and by the clerk of said Delaware court, “presented and filed,” in term time, in the Dubuque District Court, the clerk of the latter court…
2Cases cited1 opinion
- Beauchamp v. StateIndiana Supreme Court · 1842
3Cited by2 opinions
- State v. RossSupreme Court of Iowa · 1866
- State v. SchlagelSupreme Court of Iowa · 1865