State v. Schill
Supreme Court of Iowa
Appeal from, Dubuque Dist/riet Court. PERRURY: FALSE TESTIMONY BEFORE GRAND JURY : REQUISITES OF INDICTMENT, ETC. : DEMURRER TO INDICTMENT. The error assigned by the State is that the cpurt erred in sustaining the defendant’s demurrer to the indictment. The indictment is as follows : “ The State of Iowa 1 . agst . L Dwtnet Cowrt oj the eounty Zaeharias Schill. j °f Dubuque.
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Appeal from, Dubuque Dist/riet Court. PERRURY: FALSE TESTIMONY BEFORE GRAND JURY : REQUISITES OF INDICTMENT, ETC. : DEMURRER TO INDICTMENT. The error assigned by the State is that the cpurt erred in sustaining the defendant’s demurrer to the indictment. The indictment is as follows : “ The State of Iowa 1 . agst . L Dwtnet Cowrt oj the eounty Zaeharias Schill. j °f Dubuque. “ The grand jury of the county of Dubuque, in the name and by the authority of the State of Iowa, accuse Zacharias Schill of the crime of perjury, committed as follows: “ The said Zacharias Schill, heretofore, to wit: On…
1Opinion of the Court
Dillon, Oh. J.
i. ceiminax, liAw: indict-meat: penury, Bespecting the first and second grounds of demurrer, as it is certain the court should not, and probable that it did not, sustain them. 7 7 we need not discuss them at length. Rev. §§ 4648, 4659.
As to the fourth ground of demurrer : It will be seen by reference to the indictment, that it alleges that the grand jury were investigating a charge against one Wm. Meyer, a justice of the peace, for oppression in office (an indictable offense under the statute); that they had authority to make such investigation; that the defendant was duly sworn…
2Cases cited2 opinions
- State v. FassetSupreme Court of Connecticut · 1844
- State v. OffuttIndiana Supreme Court · 1837
3Cited by11 opinions
- State v. FaulknerSupreme Court of Missouri · 1903
- State v. DeetsSupreme Court of Iowa · 1972
- Mackin v. PeopleIllinois Supreme Court · 1885
- The PEOPLE v. PolkIllinois Supreme Court · 1961
- State v. BoothSupreme Court of Iowa · 1903
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