The Iowa plain dealer. [volume] (New Oregon, Howard County, Iowa) 1867-1895, 1875-09-17
Crsseo Plaindealsr- Supplement-

joriiy does not harmcnlse throuehoat;
u truth, there II apparent conflict.
II holds thai . Jury may b ooloc Cd
from I list tll0erius In number ltcm
that prescribed BY law or from . list
which has names upon Il not piaooo
there - required BY law. A larry, g.
lected from such list, nv bralhee
holds, l. . lcgAl body. but because the
ballots Tor the Jurors arc not accom-.
panied by tho ahorifr instead Of the
deputy shcrin II ~ illegal body. II u
impossible upon principle 70 support
founded upon Irregularities Of the one
deiccts Of the othcr claaa. There Il no
distinction that can be matlc between
the one case and the other.
II. In the nfth and sixih polnia Of
the opinion Of the majority Of tho court
the indictment IL held 10 DO bad DO.
cause, /, Il tails 70 allego the names uf
the pcrsOus % whom the money 81.
legged to have loon cmbexxled was loan.
cd and, ,. Il does not change "the man.
ner la which tho money wAs convert.
cd BY defendant.
WIN 0MV0sA2U - wv XWWye0s
thoughts aud announce certain familiar
Ing separately these objections. An
indictment u sMflicient which con.
tains - statement Of Tho facts c0nstltu.
ting the offence ID ordinary aud CON.
else language, without repetition, and
In such : manner - 10 cnsble person
Of common understanding 70 know
WAT u Intended" Codo go. l,200.
Il "nusl b direct and certain a 70
gards =. Tho ofieuss charged.
). Tho particular circumstances OF tho
oiiense, whom they are necessary 70
0atablish complete 0den.c.' SEQ.
&,20S. II will DO observed that, under
those scctions, nothing further II 70
quIrcd In tho st.tcmcnt OF tho crime
charged than ~ account oil tho facts
constituting the odeuse, and that orr
cumslanccs Of tho ofienso need not b
stated unless they bs necessary 10 con-
stituts complete ollanao. II II worry
plain that under these sections I'll
that II required In m indlct-
mcnt 10 tho statement OF the
fActs which under tho statute
constitute IN olfansc. incidental orr
cumstAMces, collateral or connected
fActs. aud matters and thlngs not OF the
essence Of tho crime, need not DO
avorscd. About tho best rulo tor dc.
terminlng whom ~ indictment 10 sun.
Client 10 this; Il should present such
account OF fActA upon which tho court
may determine without the aid oi pre-
sumpllons or lntsndments that crime
known 70 tho law, 10 described thsrsln.
II u not sufaclept 70 our conclusions OF
Law 70 charge orime by tho dsAisna-
tion Il bears In law. An indictmsnt
charging IN accused with smbsssle-
ment, larceny, or robbery. would not
b 1uillclent. Tho facts consllsut.
ing these Offences, - they aro
de0ned By statute, must b - ont. i
u Also oltea aid that iActs which will
enable ths accused better 70 plead a
acQulttAl or conviction ought % b ~
out In tho indictment. But thls does
not extend 70 fscts which constitute 40
part ofthe crime itself, and does not
require fuller stAtsment % facts than
tho rule just stated. The courts hold
that certain matters connected With the
detsnse, = the name Of ahs party In.
jured, ought % b found ID the indict-
mont. % point ont and identity the
crime charged, enabling The party n
fnsAtnAAA A. laAGA~s.