State v. Braskamp
Supreme Court of Iowa
Appeal from Sioux District Court. — Hon. F. R. Gaynor, Judge. Ou the ninth day of September, 1891, the grand jury of Sioux county returned an indictment, in due form, charging the defendants with maintaining a nuisance by keeping and controlling a building for the sale of intoxicating liquors.
Read the full summary
Appeal from Sioux District Court. — Hon. F. R. Gaynor, Judge. Ou the ninth day of September, 1891, the grand jury of Sioux county returned an indictment, in due form, charging the defendants with maintaining a nuisance by keeping and controlling a building for the sale of intoxicating liquors. On November 13, 1891, the defendants withdrew their plea of not guilty, previously entered, and moved to set aside the indictment upon the following grounds: That they were not held to appear to answer said charge at September term, and had no opportunity to challenge the grand jury; that the grand jury…
1Opinion of the CourtGiven, J.
*590u nnmbot^pop-county: judi- *589— I. The fact that the appellants were not held to answer said charge at the September term, *5901891, and that they did not challenge the grand jury, is not relied upon as a ground for setting aside the indictment, or in arrest of judgment, but it is set forth for the purpose of showing that they did not waive the other objections urged. Their first contention is that* the grand jury which returned the indictment was illegally constituted, for that it consisted of seven members instead of five. Section 231 of the Code, as amended, contains the following provision:…
2Cases cited5 opinions
- Brown v. PiperSupreme Court of the United States · 1875
- J. I. Case Threshing-Machine Co. v. HavenSupreme Court of Iowa · 1884
- People ex rel. Stoddard v. WilliamsCalifornia Supreme Court · 1883
- State v. MinnickSupreme Court of Iowa · 1863
- O'Ferrall v. DavisSupreme Court of Iowa · 1855
3Cited by18 opinions
- Burks v. WalkerSupreme Court of Oklahoma · 1909
- Grice v. StateCourt of Criminal Appeals of Texas · 1941
- Cahill v. LeopoldSupreme Court of Connecticut · 1954
- Holcomb v. SpikesCourt of Appeals of Texas · 1921
- Herndon v. Excise Board of Garfield CountySupreme Court of Oklahoma · 1931
13 more not listed; retrieve them via the Exa API.