140 Iowa 456 | Iowa | 1908
— The note which defendant is charged with having uttered purports to have been signed by Nathan Lentz. It is for the sum of $100, made to Chas. Hart, and purports to have been executed February 11, 1907. The note was sold to B. J. Cavanaugh as a genuine instrument of -the purported maker. The indictment was returned June 14, 1907, and on June 15th defendant was arrested and arraigned. His case was then assigned for trial on June 2.0th. On the 18th of that month defendant filed a motion for a continuance based upon the grounds (1) that the time was too short to enable him to prepare for trial; (2) that two material witnesses were absent from the county, and their testimony could not be obtained. This motion was sustained, and the cause continued until the September term of court. On the 17th day of September, 1907, the case was again called for trial, and, defendant having appeared in person and by counsel, a jury was impaneled and sworn to try the case, whereupon defendant presented another motion for a continuance based upon the same grounds as the former one. Objection to this was made by the county attorney on the ground that the application came too late, and that no sufficient diligence was shown. The court overruled the motion, and of this complaint is made.
II. It is claimed that a juror was incompetent because of defective hearing. The testimony taken on the voir dire does not establish this claim. State v. Norman, 135 Iowa, 483; State v. Hudson, 110 Iowa, 663; State v. Bone, 114 Iowa, 537.
IV. A complaint that one of defendant’s witnesses was not allowed to testify as -to the genuineness of the signature to the note is not-borne out by the record.
Defendant’s counsel called out the matter upon which the argument was based in his cross-examination of one of the State’s witnesses, and in his argument attempted to break the force thereof. This opened the door to a reply by the State’s attorney.
No prejudicial error appears, and the judgment must be, and it is affirmed.