Uhl v. District Court of Monona County

Petitioner was indicted by the grand jury of Monona county for obstructing a drain or watercourse. He moved to set aside and quash the indictment upon the ground that a person not permitted by law was present before the grand jury during the investigation of the charge, contrary to the provisions of subdivision 6 of section 13781, Code of Iowa, 1939. The motion alleged that the county attorney was attorney for a private party in a pending proceeding based upon substantially the same facts as the indictment, that he was, therefore, within the prohibition of Code section 5180.3, and that he was…