State v. Tucker
Supreme Court of Iowa
Appeal from Linn District Court. Setting aside indictment, &g. — Defendants, Esek and Marion Tucker, are father and daughter, and were jointly indicted for incest. The father failed to appear for arraignment. The daughter (Marion) appeared, and moved the court to set aside the indictment, because one Philomela Tucker, the wife of the said Esek, and mother of the said Marion, was examined as a witness before the grand jury against both of said defendants.
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Appeal from Linn District Court. Setting aside indictment, &g. — Defendants, Esek and Marion Tucker, are father and daughter, and were jointly indicted for incest. The father failed to appear for arraignment. The daughter (Marion) appeared, and moved the court to set aside the indictment, because one Philomela Tucker, the wife of the said Esek, and mother of the said Marion, was examined as a witness before the grand jury against both of said defendants. The motion was sustained and the indictment set aside as to the said Marion. The State excepted and appeals.
1Opinion of the CourtDillon, J.
„ competent evi ence. The record shows that five witnesses, in addition to the said Philomela, gave competent evidence before the grand jury, and sufficient, even if hers was excluded, to justify and even require £bem £n(q a bill. To sustain the ruling of the court, the defendant’s attorney cites us to subdivision 4 of section 4691 of the Revision, which provides that the indictment shall be set aside “ when any person other than the grand jurors was present before the grand jury during the investigation of the charge, except as required or permitted by law.”
It is not claimed that the wife “…
2Cited by16 opinions
- Chadwick v. United StatesCourt of Appeals for the Sixth Circuit · 1905
- Commonwealth v. WoodwardMassachusetts Supreme Judicial Court · 1893
- State v. WoodrowWest Virginia Supreme Court · 1905
- State v. ManleySupreme Court of Iowa · 1924
- State v. SmithSupreme Court of Iowa · 1888
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