State v. Shaw
Supreme Court of Iowa
Appeal from, Dela/ware District Oowri. An information was filed before a justice of the peace, accusing the defendant of the crime of selling intoxicating liquor by the drink at a public saloon, contrary to law. There was a jury trial before the justice, and the defendant was found guilty and sentenced to pay a fine of twenty dollars, and costs of prosecution, and to stand committed till fine and costs were paid.
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Appeal from, Dela/ware District Oowri. An information was filed before a justice of the peace, accusing the defendant of the crime of selling intoxicating liquor by the drink at a public saloon, contrary to law. There was a jury trial before the justice, and the defendant was found guilty and sentenced to pay a fine of twenty dollars, and costs of prosecution, and to stand committed till fine and costs were paid. The defendant appealed to the District Court, where he was again tried by a jury and found guilty. The District Court adjudged the defendant to pay a fine of twenhj-jme dollars and…
1Opinion of the CourtCole, J.
l. intoxicatScessivo fine: remittitur. The fine fixed by statute (see Eevision, section 1562,) for the offense charged in the information, is “ twenty dollars, and the costs of prosecution.” It was error therefore for the District Court adjudge the fine at twenty-five dollars. Walters v. The State, 5 Iowa, 507. The attorney-general in his written argument confesses this error, and offers to remit the five dollars excess.
2_j ^ mentfcoñflict oí statutes. The same section of the statute also provides that the defendant “shall stand committed ten days unless the same (fine and costs) be sooner…
2Cases cited1 opinion
- Walters v. StateSupreme Court of Iowa · 1858
3Cited by1 opinion
- Arnold v. StateCourt of Criminal Appeals of Oklahoma · 1913