Wrocklege v. State
Supreme Court of Iowa
JError to Muscatine District Court This was an indictment for retailing intoxicating liquors,, containing four counts, indorsed as follows: “A true bill, Silas C. Pierson, foreman of tbe grand jury. Presented and filed in open court, in tbe presence of tbe grand jury, May 24,1854. Wm.
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JError to Muscatine District Court This was an indictment for retailing intoxicating liquors,, containing four counts, indorsed as follows: “A true bill, Silas C. Pierson, foreman of tbe grand jury. Presented and filed in open court, in tbe presence of tbe grand jury, May 24,1854. Wm. Leffingwell, Clerk, D. 0.” A motion was made to set aside tbe indictment, for tbe reason that tbe in-dorsement does not sbow, tbat it was presented “by tbe foreman. of the grand jury to-the court, in the presence of the grand jury. Pending the motion, it appearing that no evidence of the finding of the…
1Opinion of the CourtIsbell, J.
Was the indorsement on this indictment such as to substantially comply with the law ? The Code, section 2914, provides that an indictment must be presented by the foreman of the grand jury, in their presence, and filed by the clerk. In the case of Dixon v. The State, decided at the last term, the language of the indorsement was as follows: “ Presented to the District Court of Marion county, Iowa, in the presence of the grand jury, on the 11th day of February, 1853 — A. B. Miller, Clerk, D. C. M. C., Iowa.” This was held a sufficient compliance with the statute. See, also,…
2Cited by9 opinions
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- State v. FarringtonSupreme Court of Iowa · 1894
- People v. SweetserSupreme Court Of The Territory Of Dakota · 1876
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