Legal Opinion

State v. Hayden

Supreme Court of Iowa

Decided December 7, 1876PublishedCited by 50 opinions

Appeal from Clayton District Court. The charging part of the indictment against defendant is in these words: “The said James Haydén, on or about the 10th day of March, 1875, at or about the hour of one o’clock in the night of the same day, with force and arms in the county aforesaid, one store building of Beckman Bros, there situated, wherein valuable merchandise was kept for sale and store, viz: pocket knives, razors and revolvers, of the value of $100, feloniously and…

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Appeal from Clayton District Court. The charging part of the indictment against defendant is in these words: “The said James Haydén, on or about the 10th day of March, 1875, at or about the hour of one o’clock in the night of the same day, with force and arms in the county aforesaid, one store building of Beckman Bros, there situated, wherein valuable merchandise was kept for sale and store, viz: pocket knives, razors and revolvers, of the value of $100, feloniously and burglariously did break and enter into, with felonious' intent, the goods and chattels of the said Beckman Bros., in the…

1Opinion of the Court

Rothrock, J. — I.

3. criminal continiumce After the jury was impaneled, the defendant moved for a continuance upon an affidavit setting forth that one Nathan Ross was a material witness for him, that said Ross was used as a witness for the State in the preliminary examination and before the grand jury, his name being upon the indictment; that a subpoena was issued on the part of the State for said Ross, and delivered to the sheriff for service, that defendant supposed said Ross was in attendance at court until after the jury was hnpaneled, when he first learned that said witness had not been…

2Cases cited3 opinions

  1. State v. OstranderSupreme Court of Iowa · 1865
  2. Stephens v. . the PeopleNew York Court of Appeals · 1859
  3. Morrison v. MyersSupreme Court of Iowa · 1861

3Cited by50 opinions

  1. Hinshaw v. StateIndiana Supreme Court · 1897
  2. People v. AikinMichigan Supreme Court · 1887
  3. Buel v. StateWisconsin Supreme Court · 1899
  4. State v. BartmessOregon Supreme Court · 1898
  5. Springer v. StateSupreme Court of Georgia · 1897

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