Van Scoy v. Gretten
Supreme Court of Iowa
Application for Writ of Habeas Corpus. The petitioner was indicted for incest. He was tried and convicted, and on Ms motion obtained a new trial. He was tried again, and the jury disagreed. It was discharged, and the defendant, petitioner here, held for further trial. He has not yet been tried. He brings this application to test the legality of certain proceedings had during the two trials to which he has’been subjected.
1Opinion of the CourtSalinger, J.
habeas corpus: proceedings reiatOTai attack judgment.14 I. Proceeding somewhat more fully to a development of the premises for decision, the record discloses that, at the close of all the testimony on the first trial of the ease, the court required the State to- elect some one act of the several acts of intercourse as there was testimony, on which it would rely. The State did so, and made of record its intention to rely upon an act alleged to have been committed during the latter part of May, 1915. A verdict of guilty resulted, which was set aside-. A new trial was ordered, on motion of the…
2Cases cited19 opinions
- Trono v. United StatesSupreme Court of the United States · 1905
- Wright v. StateIndiana Supreme Court · 1854
- State v. KingSupreme Court of Iowa · 1902
- State v. HurdSupreme Court of Iowa · 1897
- Williams v. CommonwealthCourt of Appeals of Kentucky · 1879
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3Cited by4 opinions
- Peff Ex Rel. Laughlin v. DoolittleSupreme Court of Iowa · 1944
- Reeves v. LainsonSupreme Court of Iowa · 1944
- Schultz v. LainsonSupreme Court of Iowa · 1944
- Davis v. HollowellSupreme Court of Iowa · 1933