144 Iowa 371 | Iowa | 1909
The defendants were indicted in September, 1907, for a crime charged to have been committed in July, 1907. They filed a motion to quash the indictment, which motion was based on the ground that the grand jury returning the indictment was not drawn, summoned, impaneled, or sworn as provided by law. The motion was overruled, and the correctness of the ruling is before us for review.
The facts upon which the motion was based are substantially as follows:- In 1906 lists of names of grand jurors for 1907 were returned to the auditor of the county of Polk under the provisions of section 337 of the Code. At the January, 1907, term of the district court of said county, the -Des Moines Civic League, through its attorneys, filed in the office of the clerk of the district court a paper denominated a motion, in which it was alleged that the grand and petit juries of the county for the year 1907 had been illegally selected and drawn in certain particulars named therein, and advising the court that, if found desirable, it might investigate and determine the matters complained of. Thereafter one of the judges of the district court, with the full concurrence of his associate judges, found that the lists of persons from which the grand and petit juries were to he drawn for the year 1907 were illegally selected and set them aside. The Legislature convened soon thereafter, and its attention was directed to the situation that had been found to exist in Polk County and other counties of the State, and, to meet the emergency and to provide the means for securing grand and trial juries under the like and similar circumstances, it enacted chapter twelve, of the Acts of the Thirty-second General Assembly, which, so far as is material to our present inquiry, is as follows:
The law became effective by publication on the 22d day of March, 1907, and immediately thereafter new lists of jurors were prepared and returned by the board of supervisors, as provided in the act. The grand jury which found the indictment against these defendants was drawn from the list so prepared by the board of supervisors. The appellants contend that the lists prepared and returned by the judges of election under the provisions of Code, section 337, were illegally set aside, that the district court was without jurisdiction to make the order setting them aside, and that because of such illegal action the grand jury drawn after the passage of chapter twelve, Acts 32d General Assembly, was illegally drawn.
We suggest, also, without determining the question, that the district court has the inherent power to set aside a list or panel of jurors on its own motion, whenever it shall be made to appear that a legal grand or trial jury cannot be drawn therefrom. As sustaining this suggestion, see: 20 Cyc. 1331 and cases cited; 24 Cyc. 312 and cases cited; Keady v. People, 32 Colo. 57 (74 Pac. 892, 66 L. R. A. 353); Cochran v. U. S., 14 Okl. 108 (76 Pac. 672); People v. Barker, 60 Mich. 277 (27 N. W. 539, 1 Am. St. Pep. 501); O’Neil v. Iron Co., 67 Mich. 560 (35 N. W. 162). In some of the States it has been held that a challenge may be made by a wholly disinterested person as amicus curiae. Com. v. Smith, 9 Mass. 107;
"VVe find no. error for which there should be a reversal of the judgment. It is therefore affirmed.