99 Iowa 36 | Iowa | 1896
At the regular February, 1895, term of the district court of Calhoun county, the grand jury returned an indictment against the defendant for the crime of maintaining a liquor nuisance. Defendant was arrested on bench warrant, and appeared, and moved to set aside and quash the indictment, for the reason that the grand jury was not apportioned,
The defendant relies upon the case of State v. Manley, 68 Iowa, 844 (19 N. W. Rep. 211). It is clear, however, that this case does not touch the question here presented. The defendant also cites sections 4342, 4357 and 4619 of the Code. An examination of these citations discloses nothing touching the question presented. There is one section of the Code, however, that does seem to have some bearing. It is section 4344. This reads: “An order to set aside the indictment as provided in this chapter [the chapter relating to motions to set aside because the grand jury was not properly selected] shall be no bar to a further prosecution for the same offense.” This chapter would be conclusive were it not for the fact that we find in the same chapter of the Code this further provision: “If the motion be granted, the court must order the defendant, if in custody, to be discharged, or, if admitted to bail, that his bail be exonerated; or, if he has deposited money instead of bail, that the money deposited be refunded to him, unless the court direct that the case be re-submitted to the same or another grandjury.” Section 4342. The contention of counsel