State v. Delong
Supreme Court of Iowa
Appeal from Washington District Court. Malicious mischiee. Defendants were convicted, and appeal. For the material facts, see the opinion.
1Opinion of the CourtWright, J.
The first question is, whether the grand jury making the presentment had any power to act. The indictment was found in November, 1860. The grand jury was selected in February of that year, from lists returned in October previous, and the court below, in April, 1861, held jurors thus selected could act after the taking effect of the Revision of 1860.
In our opinion, this ruling was correct. The effect of it, we admit, is to regard as inoperative § 1639 of the Code of 1851, reincorporated as § 2729 of the Revision. And this we are satisfied was the legislative intention. The other construction…
2Cases cited1 opinion
- Shields v. GuffeySupreme Court of Iowa · 1859
3Cited by8 opinions
- State v. PullenSupreme Court of Iowa · 1961
- State v. SchillingSupreme Court of Iowa · 1863
- Johnson v. ShivelyOregon Supreme Court · 1881
- Fleischmann v. ClarkCourt of Appeals of Maryland · 1920
- State v. WinebrennerSupreme Court of Iowa · 1885
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