
    The State v. Morris.
    1. Criminal law: minutes OF evidence. That the minutes of evidence taken before the grand jury do not show sufficient to justify the finding of the indictment, constitutes no ground for quashing or setting aside the same.
    2.-entry of plea by court. When a motion to set aside an indictment is denied, the defendant must immediately demur or plead thereto ; and upon his refusal to do either a plea of not guilty must be entered by the court. Eev., § 4722.
    
      Appeal from Clarice District Court.
    
    Tuesday, April 8.
    The defendant w;as indicted, in connection with one William Collins, for the crime of uttering as true, a forged promissory note for the payment of money. The defendant Morris moved to quash and set aside the indictment, because there are no minutes of the evidence taken before the grand jury, and returned with indictment showing that he had any connection witb tbe offense. This motion was overruled, and tbe defendant refusing to plead, the court ordered a plea of not guilty entered of record. Tbe defendant Morris excepted, and appeals.
    
      Pa/rrott & likes for tbe appellant.
    
      M. P. Quits, attorney-general, for tbe State.
   Cole, J.

— The minutes of tbe evidence taken before tbe grand jury and returned witb tbe indictment, while they contain references to tbe defendant Morris, nevertheless do not show sufficient facts to justify tbe finding of tbe indictment, as against him. But this is not a ground for quashing or setting aside tbe indictment. Rev., § 4691. See, also, The State v. Bowers, 17 Iowa, 46, and The State v. Van Vleet, 23 id. 27. When a motion to set aside an indictment is denied by tbe court, tbe defendant must immediately demur or plead thereto. § 4696. If be refuse to do either, “ a plea of not guilty must be entered by tbe court.” § 4722. Tbe court therefore did not err, either in overruling the motion to set aside tbe indictment or in entering tbe plea of not guilty.

Affirmed.  