Legal Opinion

State v. Freeman

Supreme Court of Iowa

Decided June 23, 1869PublishedCited by 9 opinions

Appeal from Johnson District Court. The following indictment was found and presented against tbe defendant, to wit: “The State of Iowa, Johnson County, ss: The State of Iowa ) agt. Indictment for keeping a nuisance. Peter Freeman. J To the District Court of said State within and for said county at Uhe January Term thereof, in the year of our Lord one thousand eight hundred and sixty-seven.

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Appeal from Johnson District Court. The following indictment was found and presented against tbe defendant, to wit: “The State of Iowa, Johnson County, ss: The State of Iowa ) agt. Indictment for keeping a nuisance. Peter Freeman. J To the District Court of said State within and for said county at Uhe January Term thereof, in the year of our Lord one thousand eight hundred and sixty-seven. The jurors of the grand jury of the State of Iowa, within and for said county of Johnson, legally convoked, impaneled, tried, sworn and charged, in the name and by the authority of the said State of Iowa,…

1Opinion of the CourtCole, J.

l. criminal venue. I. The question presented by an application for a change of venue in a criminal case is one intrusted, by our statute, to the District Court in the exercise of a sound discretion, when fully advised, etc. Rev. § 4733. And, as was held in the case of The State v. Ingalls (17 Iowa, 8), and cases there cited, we cannot interfere with the discretion vested in the court below, unless it is shown to have been improperly exercised. There is nothing appearing in this ease, except the affidavit of the defendant himself, “that, owing to the prejudice of the judge against him, he…

2Cases cited1 opinion

  1. State v. IngallsSupreme Court of Iowa · 1864

3Cited by9 opinions

  1. State v. OlanderSupreme Court of Iowa · 1922
  2. State v. TracySupreme Court of Iowa · 1935
  3. State v. WaltzSupreme Court of Iowa · 1888
  4. State v. DellaireNorth Dakota Supreme Court · 1894
  5. State v. HunterSupreme Court of Iowa · 1952

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