State v. Duffy
Supreme Court of Iowa
Certiorari to Pollc District Court. The Grand Jury of Polk county, in the discharge of their duty, were examining testimony tending to implicate some one in the crime of killing or altering a bull, contrary to the provisions of section 4318 of the Revision of 1860. The petitioner was before said jury and interrogated as follows: “ If he knew whether Nicolas Divine altered, in the month of June last, or any other time, a bull belonging to William Harter.” 2d.
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Certiorari to Pollc District Court. The Grand Jury of Polk county, in the discharge of their duty, were examining testimony tending to implicate some one in the crime of killing or altering a bull, contrary to the provisions of section 4318 of the Revision of 1860. The petitioner was before said jury and interrogated as follows: “ If he knew whether Nicolas Divine altered, in the month of June last, or any other time, a bull belonging to William Harter.” 2d. “ If he saw a bull about the farm of Keyes &’Crawford, on which Nicholas Divine lives, on or about the 20th of June last, which appeared…
1Opinion of the CourtWright, J.
No good ground has been suggested why the petitioner was not entitled to the time asked to make the proposed written explanation. The statute expressly declares that in such cases he may, “ at' his option,” make such explanation, which must be filed and preserved. § 2693. This is to'be done, of course, if the party charged desires it, before he is punished. There is no authority for refusing to receive the explanation, where it is proposed to make it, and the party should have a reasonable time to prepare the same. In this case it seems a short'time was asked; that the request was refused,…
2Cases cited2 opinions
- Southard v. RexfordNew York Supreme Court · 1826
- Printz v. Cheeney & StreetSupreme Court of Iowa · 1861
3Cited by6 opinions
- Ex parte SeniorSupreme Court of Florida · 1896
- Watson v. CharltonSupreme Court of Iowa · 1951
- State v. District CourtSupreme Court of Iowa · 1904
- State v. HallSouth Dakota Supreme Court · 1931
- In re TaylorNew York Supreme Court · 1894
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