State v. Marvin
Supreme Court of Iowa
Appeal from Marshall District Court. The defendant and one Lucy Stone were jointly indicted under § 4351 of the Revision. The defendant was cone victed, and the court having overruled a motion in arrest of judgment, he now appeals. 1. Section 4789, Revision ;1860, provides for separate trial of defendants jointly indicted. Appellant claims that separate trials are granted only on application of defendants, in case of felony as matter of right; and in other cases ex gratia.
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Appeal from Marshall District Court. The defendant and one Lucy Stone were jointly indicted under § 4351 of the Revision. The defendant was cone victed, and the court having overruled a motion in arrest of judgment, he now appeals. 1. Section 4789, Revision ;1860, provides for separate trial of defendants jointly indicted. Appellant claims that separate trials are granted only on application of defendants, in case of felony as matter of right; and in other cases ex gratia. But if plaintiff has the right, with leave of court, to set aside his election as made in the indictment, then the.court…
1Opinion of the CourtBaldwin, J.
The attorney for the State filed a motion for a separate trial in the District Court, based upon the ground that one Gormet, (the husband of the defendant, Lucy Stone,) was the principal witness for the State. The sustaining of this motion is the first error assigned.
Section 4789 provides, that where two or more defendants are jointly indicted for a felony, any defendant requiring it, may be tried separately. In other cases defendants jointly indicted may be tried jointly, or separately, in the discretion of the court.
This case of defendant falls within the class of causes provided for in the…
2Cited by27 opinions
- Metz v. StateNebraska Supreme Court · 1895
- State v. GardnerSupreme Court of Iowa · 1916
- Luster v. StateSupreme Court of Florida · 1887
- State v. ChandlerSupreme Court of Missouri · 1896
- Succession of LannesSupreme Court of Louisiana · 1936
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