State v. Jolly
Supreme Court of Iowa
Appeal from, the Lee District Court. At the October term, 1857, of the district court in Lee county, an indictment urns found against the defendant, for keeping a gambling house. The indorsements made upon the bill of indictment were : “A true bill. Josiah Kent, foreman,” and “Filed October 21,1857. E. J. Leach, el’k, by D. H. Lesner, Dept.
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Appeal from, the Lee District Court. At the October term, 1857, of the district court in Lee county, an indictment urns found against the defendant, for keeping a gambling house. The indorsements made upon the bill of indictment were : “A true bill. Josiah Kent, foreman,” and “Filed October 21,1857. E. J. Leach, el’k, by D. H. Lesner, Dept. At the March term, 1858, the defendant’s counsel moved that the indictment be set aside, for the reason that the filing of the same was not in accordance with the statute, and that it did not show that it was presented to a court having jurisdiction. The…
1Opinion of the CourtWoodward, J.
The cases upon similar questions which have been decided, are referred to by the counsel, and we need not repeat the reference more specially.
If the indorsement upon the indictment were otherwise sufficient, it appears clearly enough that it was presented to a court having jurisdiction of the offense. It is not essential to name the court in the indorsement, although such would be the better, and the truly correct practice. But the whole is to be considered together. The indictment is entitled “The State of Iowa, Lee county, District Court.” The body of it recites the “grand jurors for the…
2Cases cited1 opinion
- State v. AxtSupreme Court of Iowa · 1858