Cases on Criminal ProcedureState University of Iowa, 1923 - 252 страница |
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Страница v
... overrule its decision . This problem is taken as the " main objective . " Another case on jurisdiction is given ; a third is quoted at some length ; sixty others are cited , in addition to those cited in the cases quoted or reprinted ...
... overrule its decision . This problem is taken as the " main objective . " Another case on jurisdiction is given ; a third is quoted at some length ; sixty others are cited , in addition to those cited in the cases quoted or reprinted ...
Страница 25
... overruled and defendant excepted to the ruling . Defendant was convicted by the jury and sentenced to six years in the penitentiary . " It is hereby stipulated to submit the question of jurisdiction raised under the above facts . " It ...
... overruled and defendant excepted to the ruling . Defendant was convicted by the jury and sentenced to six years in the penitentiary . " It is hereby stipulated to submit the question of jurisdiction raised under the above facts . " It ...
Страница 26
... overruled the motion , and required the defendant to plead to the indictment . A plea of guilty was entered , and the defendant was sentenced to imprisonment in the penitentiary for two years . It appears from the abstract in the case ...
... overruled the motion , and required the defendant to plead to the indictment . A plea of guilty was entered , and the defendant was sentenced to imprisonment in the penitentiary for two years . It appears from the abstract in the case ...
Страница 33
... overruled the defendant sued out a writ of error . Opinion by WILLIAMS , C. J. It is contended that the district court of the county of Muscatine had not legal jurisdiction of the offense , and proceedings thereon ; that the act was ...
... overruled the defendant sued out a writ of error . Opinion by WILLIAMS , C. J. It is contended that the district court of the county of Muscatine had not legal jurisdiction of the offense , and proceedings thereon ; that the act was ...
Страница 40
... overruling defendant's motion in arrest of judgment . In support of this motion , it is urged , that the court altered the verdict of the jury . It appears by the bill of exceptions that the jury returned the following verdict : " We ...
... overruling defendant's motion in arrest of judgment . In support of this motion , it is urged , that the court altered the verdict of the jury . It appears by the bill of exceptions that the jury returned the following verdict : " We ...
Чести термини и фразе
accused acquittal affidavit Affirmed Affirmed.¹ alleged amendment arrest assault authority averment bail bond cause change of venue Code common law Constitution counsel county attorney Court of Iowa crime criminal custody defendant appealed defendant's demurrer dictment discharged district court error evidence examination fact felony fendant filed grand jury ground guilty habeas corpus held Humboldt county incest indictment indictment charges indorsed instruction intent judge judgment of conviction jurisdiction jurors justice larceny liquors magistrate malice aforethought matter ment misjoinder murder N. W. Rep objection offense charged offense was committed officer overruled party peace person plaintiff plea pleaded prejudice present prisoner proceedings prosecution provides public offense punishment purpose question rape Reversed rule Sarver sheriff statement statute statutory sufficient supra Supreme Court sureties sustained sworn testified testimony thereof tion trial court tried true unlawful verdict violation waived warrant Webster county witness
Популарни одломци
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.