Legal Opinion

State v. Miller

Supreme Court of Iowa

Decided October 24, 1884PublishedCited by 20 opinions

Aypeal "from Marshall District Oourt. The defendant was convicted in the court below of the crime of incest, alleged to have been committed by having carnal knowledge of his daughter, Lorada Miller. Defendant appeals.

1Opinion of the Court

Rothrock, Ch. J.

1. CTtlMIlTAIi procedure: absence of state's witnesses: continuance : facts justifying. I.' At the January term, 1884, the defendant was put upon trial on the indictment, and the jury failed to return a verdict, because they were unable to agree. After the jury were discharged, the district attorney filed a motion for a continuance of the cause until the next term, based upon the absence of two witnesses. One of' these witnesses was present and testified upon the first trial, and the other was a non-resident, and absent from the state. The non-resident witness was one Davis,…

2Cases cited1 opinion

  1. State v. StanleySupreme Court of Iowa · 1878

3Cited by20 opinions

  1. Belle v. Iowa State Highway CommissionSupreme Court of Iowa · 1980
  2. State v. WatsonSupreme Court of Iowa · 1890
  3. State v. WilliamsSupreme Court of Iowa · 1947
  4. State v. JonesSupreme Court of Iowa · 1901
  5. State v. Van WinkleSupreme Court of Iowa · 1890

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