The Leon reporter. (Leon, Iowa) 1887-1930, 1911-04-06
Motion to Set Aside Verdict and for
a New Trial.

Comes now the defendant herein
and moves the court to set aside the
verdict rendered in the above en-
titled cause and for new trial, on
the following grounds, to-wit:
1st. For the reason that the YER
dict of the jury is contrary to the
evidence and is contrary to the in
structions of the court.
End. For the reason that the YER
dict is not sustained by the evidence
3rd. For the reason that the yer.
dict is the result of passion and
prejudice, and is neither sustained
by the evidence nor the law as given
to the jury by the court.
4th. The court erred in not sus-
tanning each and every objection
made by the defendant upon the ex-
animation of the grand jurors, who
under oath, testified as to their quail.
itications to sit as such grand jurors
Such examination and the testi-
mony of each of said grand jurors
the challenge made, the rulings OF
the court thereon, and the exception
thereto, and the grounds of such
challenges, fully appear in the min
grand juror as kept by the official
shorthand reporter in this cause.
5th. The court erred in overrul-
ing the motion Of the defendant to
set aside the indictment herein.
The motion and evidence taken in
support of said motion fully appear
in the minutes of the proceedings
had, as shown by the minutes and
records of tine official shorthand re-
porter in this case as taken down by
him.
9Th. The court erred in overrul-
ing each and every challenge made
to the individual trial jurors in the
empanelling OF the said trial jury.
Each of said jurors was sworn to
make true answers to all questions
asked touching his qualifications to
sit as such jurors.
The answers and the challenges,
the rulings and the exceptions there
to, fully appear in the shorthand
notes of the official shorthand re-
potter, who, under the orders of the
court, took all of said testimony, to-
gether with the challenges, the
grounds thereof, the rulings and the
exceptions thereto.
9TH. The court erred in overrul-
ing each and every objection made
by the defendant to the testimony
of each witness.
The objections, the rulings there
on and the exceptions thereto, fully
appear in the minutes of the official
shorthand reporter in this case.
9Th. The court erred in the re-
fusal to sustain each and every OBJ
lection made by the defendant to the
testimony offered on the part Of the
state.
The objections, the rulings there
on and the exceptions thereto, fully
appear in the minutes of the testi-
mony as taken down by the official
shorthand reporter in this csae.
9th. The court specially erred in
permitting the state to introduce in
evidence, over the objections of the
defendant, the club marked Exhibit
-, for the reason that the same was
not properly identified, that it was
not found at or near the place where
the. deceased was killed, and that
there was not sufficient evidence to
warrant the introducing of the said
club. Its Introduction was preju-
dicial to the defendant.
The defendant objected to the in
PRODUCTION of the said club The
courts rulings thereon, the excep-
tions thereto, fully appear in the
minutes of the testimony rs taken
down by the official shorthand re-
porter in this case.
10th The court especially erred
IN overruling the DEFENDANTS objec-
lions to the introduction IN evidence
Of the skull Of the deceassd. 1ur the
reason there W. ~ cont-OEefsy -
ito the death u DeTfhA zor109 nor
Eto the fae - r. ~ T.