State v. Rivers
Supreme Court of Iowa
Appeal from Dallas District Gov/rt. On tbe 10th day of December, 1878, the defendant was arraigned in the Polk county District Court, upon an indictment for obtaining money and property by false pretenses. On the next day he filed a motion to set aside the indictment, which motion was overruled. On the 12th day of the same month, he filed a demurrer to the indictment, which was overruled, and on the same day he entered a plea of not guilty.
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Appeal from Dallas District Gov/rt. On tbe 10th day of December, 1878, the defendant was arraigned in the Polk county District Court, upon an indictment for obtaining money and property by false pretenses. On the next day he filed a motion to set aside the indictment, which motion was overruled. On the 12th day of the same month, he filed a demurrer to the indictment, which was overruled, and on the same day he entered a plea of not guilty. On the 16th of the same month, he filed a petition for a change of venue, which was granted and the cause was transferred to the Dallas District Court,…
1Opinion of the CourtEothrook, J.
1. CRIMINAL law : indictment lost : copy substituted. I. The defendant resisted the motion to substitute the copy of the original indictment, and in his motions in arrest of judgment, and for a new trial, he again raised the question of the power of the ° ... court to make the substitution, and he now strenuously insists that there was no such power, and no warrant in the law for putting him upon trial upon a copy of the indictment.
Some question is" made as to whether the District Court of Dallas county had jurisdiction at any time of the cause. It is said that there is no record that an…
2Cases cited7 opinions
- State v. ShepardSupreme Court of Iowa · 1859
- State v. SimpsonSupreme Court of Missouri · 1878
- Bradford v. StateSupreme Court of Alabama · 1875
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- Wrocklege v. StateSupreme Court of Iowa · 1855
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3Cited by25 opinions
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- Farmer v. StateSupreme Court of Georgia · 1896
- Bates v. StateCourt of Appeals of Georgia · 1916
- State v. HuckinsSupreme Court of Iowa · 1931
- State v. DetloffSupreme Court of Iowa · 1925
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