State v. Kinney
Supreme Court of Iowa
Appeal from Montgomery District Court. The defendant was convicted on an information before a justice of the peace, charging the offense of assault and battery. Upon an appeal taken by defendant, the District Court dismissed the cause for want of jurisdiction in the justice of the peace trying it. The State appealed from this decision of the District Oourt, which was reversed in this court.
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Appeal from Montgomery District Court. The defendant was convicted on an information before a justice of the peace, charging the offense of assault and battery. Upon an appeal taken by defendant, the District Court dismissed the cause for want of jurisdiction in the justice of the peace trying it. The State appealed from this decision of the District Oourt, which was reversed in this court. See 41 Iowa, 424. A procedendo in the usual form was issued commanding the District Court to proceed as if no judgment had been rendered. At the next term of the District Court, after the cause had been…
1Opinion of the CourtBeck, J.
i. criminal eflect^ofPre-: versal. The statute provides that in criminal cases the State may appeal to this court. Code, § 4521. The effect of a decision of this court in such cases is prescribed ^11 section 4539, in the following language: “If the appeal be taken by the State, the Supreme Court cannot reverse the judgment, or modify it so as to increase the punishment, but may affirm it, and shall point out any error in the proceedings, or in the measure of punishment, and its decision shall' be obligatory on the District Court, as the correct exposition of the law.” Under this provision the…
2Cited by7 opinions
- State v. TraasSupreme Court of Iowa · 1941
- State v. BillingsSupreme Court of Iowa · 1890
- State v. BuckleySupreme Court of Iowa · 1975
- State v. FieldsSupreme Court of Iowa · 1898
- State v. LittleSupreme Court of Iowa · 1929
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