State v. Howard
Supreme Court of Iowa
Appeal from Muscatine District Court. INDICTMENT for larceny. The defendants challenged the panel, and moved the court to set aside the indictment, for the reason that the grand jurors had been irregularly selected, drawn and impanelled. The district attorney filed a denial. The court refused to sustain the challenge or set aside the indictment. Trial and verdict of guilty. The defendants filed their motion for a new trial which was overruled, and they appeal.
Read the full summary
Appeal from Muscatine District Court. INDICTMENT for larceny. The defendants challenged the panel, and moved the court to set aside the indictment, for the reason that the grand jurors had been irregularly selected, drawn and impanelled. The district attorney filed a denial. The court refused to sustain the challenge or set aside the indictment. Trial and verdict of guilty. The defendants filed their motion for a new trial which was overruled, and they appeal. The different grounds upon which the challenge and motions above mentioned were based are presented in the opinion of the court.
1Opinion of the CourtStockton, J.
Challenges to the panel of the grand jury are allowed only for the reason that they were not appointed, drawn or summoned as prescribed by law. Code, section 2883.
The defendants having challenged the panel for causes set down in his motion, and the attorney prosecuting for the State, having denied the truth of the challenge,-the District Court properly ruled that the burden was upon the party challenging, to maintain the truth of the challenge.
All the evidence introduced was that the townships, except Bloomington, failed to make out and return to the county judge a list of the names of…
2Cases cited1 opinion
- State v. HinkleSupreme Court of Iowa · 1858
3Cited by7 opinions
- State v. GartinSupreme Court of Iowa · 1978
- Fooshee v. StateCourt of Criminal Appeals of Oklahoma · 1910
- Sinclair v. LearnedMichigan Supreme Court · 1883
- Bixby v. Omaha & Council Bluffs Railway & Bridge Co.Supreme Court of Iowa · 1898
- Churchill v. MillerWashington Supreme Court · 1916
2 more not listed; retrieve them via the Exa API.