State v. Wood
Supreme Court of Iowa
Appeal from Madison District Court. — TIon. J. H. Apple-gate and James D. Gamble, Judges. Dependant was indicted hy the grand jury of Madison ■county for the crime of perjury.
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Appeal from Madison District Court. — TIon. J. H. Apple-gate and James D. Gamble, Judges. Dependant was indicted hy the grand jury of Madison ■county for the crime of perjury. After the indictment was returned he moved to quash it on the ground that “a certain person other than the grand jurors, clerk of the grand jury, and county attorney, and one not required or permitted by law to be present on such an occasion, was present before the grand jury during the investigation which resulted in the finding of the indictment.” This motion was heard hy Applegate, J., who overruled it. The ease then…
1Opinion of the CourtWaterman, J.
The only question presented on this appeal is the one raised by the motion to quash the indictment. As to this matter the facts appear to be that Minnie McNeley and her father were summoned to appear as witnesses before the grand jury. Minnie McNeley was very nervous and fearful about appearing before that tribunal, and, on her father’s request he was permitted to be present during the time she gave her testimony. There is no showing that he did or said anything to influence the witness, or that defendant was in any manner prejudiced, otherwise than by McNeley’s presence in the room. The…
2Cases cited5 opinions
- Bennett v. StateSupreme Court of Arkansas · 1896
- State v. CloughSupreme Judicial Court of Maine · 1861
- State v. KimballSupreme Court of Iowa · 1870
- Lawrence v. CommonwealthSupreme Court of Virginia · 1890
- Richardson v. CommonwealthSupreme Court of Virginia · 1882
3Cited by7 opinions
- Lebowitch v. CommonwealthMassachusetts Supreme Judicial Court · 1920
- People v. MinetNew York Court of Appeals · 1947
- Fooshee v. StateCourt of Criminal Appeals of Oklahoma · 1910
- State v. TylerSupreme Court of Iowa · 1904
- Middleton v. StateCourt of Criminal Appeals of Oklahoma · 1919
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