Cases on Criminal Procedure

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State University of Iowa, 1923 - 252 страница

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Страница 195 - A judgment that the defendant pay a fine may also direct that he be imprisoned until the fine be satisfied ; specifying the extent of the imprisonment, which cannot exceed one day for every one dollar of the fine.
Страница 22 - ... 2. Standing in the relation of guardian and ward, attorney and client, master and servant, or landlord and tenant, or being a member of the family of the defendant, or of the person alleged to be injured by the offense charged, or on whose complaint the prosecution was instituted, or in his employment on wages.
Страница 34 - After hearing the charge, the jury may either decide in court, or may retire for deliberation. If they do not ,agree without retiring, one or more officers must be sworn, to keep them together in some private and convenient place, and not to permit any person to speak to or communicate with them, nor...
Страница 72 - The test is not, whether the defendant has already been tried for the same act, but whether he has been put in jeopardy for the same offense.
Страница 29 - In any indictment for murder or manslaughter, or for being an accessory to any murder or manslaughter, it shall not be necessary to set forth the manner in which, or the means by which, the death of the deceased was caused, but it shall be sufficient in any indictment for murder to charge that the defendant did feloniously, wilfully, and of his malice aforethought, kill and murder the deceased, and it shall be sufficient in any indictment for manslaughter to charge that the defendant did feloniously...
Страница 179 - The granting of a new trial places the parties in the same position as if no trial had been had. All the testimony must be produced anew, and the former verdict cannot be used or referred to, either in evidence or in argument, or be pleaded in bar of any conviction which might have been had under the indictment.
Страница 105 - The right of the people to be secure in their persons, houses, papers and effects, against unreasonable seizures and searches, shall not be violated; and no warrant shall issue but on probable cause, supported by oath or affirmation, particularly describing the place to be searched, and the persons and things to be seized.
Страница 162 - The verdict being for the plaintiff, the defendant moved in arrest of judgment, on the ground that the plaintiff had not alleged that he was the assignee of the reversion.
Страница 208 - The appellate court must render judgment according to the justice of the case, without regard to technical errors or defects which do not affect the merits.
Страница 95 - It is provided by sec. 4, div. 6 of the criminal code, that 'an arrest may be made by an officer or by a private person without warrant, for a criminal offense, committed or attempted in his presence, and by an officer when a criminal offense has in fact been committed and he has reasonable ground for believing that the person to be arrested has committed it.

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