State v. Tatman

CourtUnited States State Supreme Court of Iowa
Writing for the CourtROTHROCK
Citation13 N.W. 632,59 Iowa 491
PartiesSTATE OF IOWA v. TATMAN.
Decision Date17 October 1882

59 Iowa 491
13 N.W. 632

STATE OF IOWA
v.
TATMAN.

Supreme Court of Iowa.

Filed October 17, 1882.


Appeal from Adair district court.

This is a prosecution under an indictment for the crime of uttering a forged deed. There was a trial by jury and defendant was convicted, and he appeals.

[13 N.W. 632]

J. W. West, for appellant.

Smith McPherson, Atty. Gen., for the State.


ROTHROCK, J.

1. The defendant was put upon trial at the March term, 1880. After all the evidence had been introduced the presiding judge received a telegram from his home at Des Moines to the effect that his wife was sick, and asking him to go to his home. This was on the ninth day of March, 1880. The court was adjourned until the following Friday, and the jury were discharged until that time, and the judge went to his home. On Friday the judge, by a telegram, ordered the court to be finally adjourned, and on the Monday following his wife died. At the March term, 1881, of said court the defendant was again put upon trial upon the indictment. He filed a written plea setting out the facts, and alleging that legal jeopardy had attached, and that he could not again be put upon trial upon the indictment. The cause was submitted to a jury upon this issue, and a verdict was found to the effect that the defendant was not entitled to an acquittal upon that ground.

It is provided by the constitution of this state that “no person shall after acquittal be tried upon the same offense.” It is urged that the facts above recited amounted in law to an acquittal, or, what is the same thing, being

[13 N.W. 633]

once in jeopardy. “A person is in legal jeopardy when he is put upon trial before a court of competent jurisdiction upon an indictment or information, which is sufficient in form and substance to sustain a conviction, and a jury has been charged with his deliverance, and a jury is said to be thus charged when they have been impaneled and sworn.” Cooley, Const. Lim. 325.

While this is the general rule, there are many exceptions to it in the common law. If by any overruling necessity the jury are discharged without a verdict, as from the sickness or death of the judge holding the court, or of a juror, or of the inability of the jury to agree on a verdict, or if the term of the court as fixed by law comes to an end before the trial is finished, or if the jury are discharged with the consent of the defendant, or a new trial be granted, the defendant may again be put upon trial upon the same indictment....

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15 practice notes
  • People v. Beeler, No. S010164
    • United States
    • United States State Supreme Court (California)
    • April 10, 1995
    ...trial of a case, under such circumstances, and he should not be compelled to do so. As was said in the case of State v. Tatman [ (1882) 59 Iowa 491, 13 N.W. 632], 'the law makes no such inhuman requirements.' If what has been said is true as to a judge, it is equally true as to a juror. In ......
  • Diggs v. United States, 2404
    • United States
    • U.S. Court of Appeals — Ninth Circuit
    • March 18, 1915
    ...which support the ruling of the court below in giving the instruction which is assigned as error. Thus, in State v. Tatman, 59 Iowa, 471, 13 N.W. 632, the court said: attention of the jury may properly be called to the fact that the defendant has not testified as to a certain part of the ca......
  • Parham v. State, 6 Div. 169
    • United States
    • Alabama Court of Criminal Appeals
    • June 29, 1971
    ...its magic. Examples of proper manifest necessity have arisen from: illness of prisoners, jurors, judges (in State v. Tatman, 59 Iowa 471, 13 N.W. 632 of the judge's wife; in Hawes v. State, 88 Ala. 37, 7 So. 302 of a juror's wife); death of a juror, the judge or a near relative of either; t......
  • State v. Larkin
    • United States
    • United States State Supreme Court of Missouri
    • May 20, 1913
    ...incriminating facts and statements, has been uniformly held allowable. Solander v. State, 2 Colo. 56; State v. Tatman, 59 Iowa, 471, 13 N. W. 632; Stover v. People, 56 N. Y. 315; Heldt v. State, 20 Neb. 500, 30 N. W. 626, 57 Am. Rep. 835; Comstock v. State, 14 Neb. 205, 15 N. W. 355; State ......
  • Request a trial to view additional results
15 cases
  • People v. Beeler, No. S010164
    • United States
    • United States State Supreme Court (California)
    • April 10, 1995
    ...trial of a case, under such circumstances, and he should not be compelled to do so. As was said in the case of State v. Tatman [ (1882) 59 Iowa 491, 13 N.W. 632], 'the law makes no such inhuman requirements.' If what has been said is true as to a judge, it is equally true as to a juror. In ......
  • Diggs v. United States, 2404
    • United States
    • U.S. Court of Appeals — Ninth Circuit
    • March 18, 1915
    ...which support the ruling of the court below in giving the instruction which is assigned as error. Thus, in State v. Tatman, 59 Iowa, 471, 13 N.W. 632, the court said: attention of the jury may properly be called to the fact that the defendant has not testified as to a certain part of the ca......
  • Parham v. State, 6 Div. 169
    • United States
    • Alabama Court of Criminal Appeals
    • June 29, 1971
    ...its magic. Examples of proper manifest necessity have arisen from: illness of prisoners, jurors, judges (in State v. Tatman, 59 Iowa 471, 13 N.W. 632 of the judge's wife; in Hawes v. State, 88 Ala. 37, 7 So. 302 of a juror's wife); death of a juror, the judge or a near relative of either; t......
  • State v. Larkin
    • United States
    • United States State Supreme Court of Missouri
    • May 20, 1913
    ...incriminating facts and statements, has been uniformly held allowable. Solander v. State, 2 Colo. 56; State v. Tatman, 59 Iowa, 471, 13 N. W. 632; Stover v. People, 56 N. Y. 315; Heldt v. State, 20 Neb. 500, 30 N. W. 626, 57 Am. Rep. 835; Comstock v. State, 14 Neb. 205, 15 N. W. 355; State ......
  • Request a trial to view additional results

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