State v. Painter
Supreme Court of Iowa
Appeal from, Monona, District Court. The defendants were indicted on three separate indictments for tbe crime of larceny. The indictments were filed February 7,1874; Lindley was arrested July 17,1874, and remained in custody until the 21st day of July, 1874, the first day of the term of the District Court, when he appeared by himself and counsel, waived arraignment and pleaded not guilty, and demanded an immediate trial.
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Appeal from, Monona, District Court. The defendants were indicted on three separate indictments for tbe crime of larceny. The indictments were filed February 7,1874; Lindley was arrested July 17,1874, and remained in custody until the 21st day of July, 1874, the first day of the term of the District Court, when he appeared by himself and counsel, waived arraignment and pleaded not guilty, and demanded an immediate trial. Whereupon the District Attorney filed an application for a continuance of the cause until the next day, which was overruled, and each cause ordered dismissed as to Lindley.…
1Opinion of the Court
Miller, Ch. J.
The application for the continuance was based upon the following affidavit:
“ State of Iowa, }
Monona County. } ss
I, 0. Ii. Lewis, on oath, dejiose and say that I am District Attorney, 4th Judicial District, Iowa, and the attorney for the State in each of the above entitled actions. That J. 0. Hol-lister and John Fowler are material witnesses on the part of the State, without whose testimony I cannot safely proceed to trial in said' actions, or either of them.
That after the indictments in these cases, and on the 18th day of July,-1874,’I procured a subpoena to be issued from *299tbe…
2Cited by3 opinions
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- State v. ConleySupreme Court of Iowa · 1970
- Temple Lumber Co. v. LattnerSupreme Court of Iowa · 1930