94 Iowa 39 | Iowa | 1895
The state produced as witnesses against defendant Charles Marcellus, J. A. White, Paul Herman, George Wright, and H. J. Richardson. The names of all these witnesses except Wright -were indorsed cn the bach of the indictment, but none 'of them were before the grand jury; and, as we shall sée, no notice was served upon the defendant of the introduction of their testimony, as required by section'5806, McClain’s Code. It appears, however, that defendant
II. A notice of tbe introduction of these witnesses was served upon defendant’s counsel four days before tbe trial. It is insisted that such notice was not properly served. In view of what we have already said, it is not necessary to' determine this question. It ■may be said, however, that, as tbe statute does not make provision for substituted service, it is likely that personal service is, as a general rule, required.
We have examined tbe whole record, and find no prejudicial error, and tbe judgment is affirmed.