State v. Wise
| Decision Date | 22 October 1891 |
| Citation | 83 Iowa 596,50 N.W. 59 |
| Parties | STATE v. WISE. |
| Court | Iowa Supreme Court |
OPINION TEXT STARTS HERE
Appeal from district court, Chickasaw county; L. O. HATCH, Judge.
The defendant was indicted, tried, and convicted of the crime of rape. His motion for a new trial being overruled, judgment was entered against him, from which he appeals.
John Y. Stone,Att'y Gen., and George E. Stow, for the State.
1. On the trial appellant objected to the examination of Bertha Lillibridge and W. H. Caton on behalf of the state, for the reason that no minutes of the testimony of either were taken by the grand jury; that they were not witnesses before the grand jury; that no notice that their testimony would be taken had been served; and that what purported to be minutes of their testimony was not taken by any authorized authority, and was not proper to be considered by the grand jury. The objection was overruled, and the ruling is assigned as error. It appears from the record that the defendant was held upon preliminary examination to the grand jury; that upon the preliminary examination the justice called Mr. W. S. Harris to take the testimony of the witnesses; that Mr. Harris took it in short-hand, and afterwards transcribed it in type-writing, which copy the justice certified, and returned to the clerk of the court as the minutes of testimony before him in the case. Mr. Harris was not sworn to correctly take the testimony, nor to the correctness of the copy, but he testifies that the copy is a true statement of the minutes taken by him. Section 4293 of the Code requires that, “when an indictment is found, the names of all witnesses on whose evidence it is found must be indorsed thereon before it is presented to the court, and the minutes of the evidence of such witnesses must be presented with the indictment to the court.” Under section 4273, an indictment may be found “upon the minutes of the evidence given by witnesses before the committing magistrate.” Section 4241 requires the examining magistrate to write out, or cause to be written out, the substance of the testimony given on the examination by each witness examined before him. It is not required that the person whom the magistrate may cause to write out the testimony shall be sworn, or that the minutes sent up by the magistrate shall be verified by his oath or signed by the witnesses. It is the substance of the testimony that is to be taken, and the magistrate, having heard the testimony, may certify that the minutes thereof taken by the person called by him are a correct minute of the substance of the testimony. The minutes of testimony in this case were taken as authorized by law, and...
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State v. Knox
...held by this court that where the verdict is clearly against the weight of the evidence, a new trial will be granted. State v. Wise, 83 Iowa 596, 50 N.W. 59;State v. Reinheimer, 109 Iowa 624, 80 N.W. 669;State v. Carson, 185 Iowa 568, 170 N.W. 781;State v. Klein, 218 Iowa 1060, 256 N.W. 741......
- Rogers v. State
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State v. Knox
...... Cummings, 128 Iowa 522, 105 N.W. 57; State v. Richardson,. [236 Iowa 505] 179 Iowa 770, 162 N.W. 28, L.R.A.1917D, 944. It has likewise been frequently held by this court that where. the verdict is clearly against the weight of the evidence, a. new trial will be granted. State v. Wise, 83 Iowa 596, 50. N.W. 59; State v. Reinheimer, 109 Iowa 624, 80 N.W. 669;. State v. Carson, 185 Iowa 568, 170 N.W. 781; State v. Klein,. 218 Iowa 1060, 256 N.W. 741. . . The evidence. offered by the State covers a wide range. The record is. voluminous. We have gone over ......
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State v. Wilson
......Wise, 83 Iowa 596, 599, 50 N.W. 59; State v. Sullivan, 156 Iowa 603, 606, 137 N.W. 918; State. v. Klein, 218 Iowa 1060, 1064, 256 N.W. 741. There should be. no hesitation to set aside a judgment in any case if it is. against the clear weight of the evidence. . . A trial for. ......