Legal Opinion

State v. Hayes

Supreme Court of Iowa

Decided September 25, 1885PublishedCited by 23 opinions

Appeal from Story District Court. Tub defendant was accused, by indictment, of the crime of nuisance. He was tried by a jury, and found guilty, and the court sentenced him to pay a fine and the costs of the prosecution, and from this judgment he appeals.

1Opinion of the CourtReed, J.

1. CRIMINAL procedure: judfce — noreversal. I. The indictment was returned ont lie twenty-third day of August, 1883. Afterwards, during the same term of court, defendant appeared and waived in, the arraignment, and further time was given within which to plead, and the cause was continued. At the next term defendant was put upon his trial. It does not appear from the record that *28he ever pleaded to the indictment. The cause was tried, however, in every respect as though a plea of not guilty had been entered. It is now insisted that the court erred in placing defendant on trial without a plea to…

2Cases cited1 opinion

  1. State v. GreeneSupreme Court of Iowa · 1885

3Cited by23 opinions

  1. People v. TomskyCalifornia Court of Appeal · 1912
  2. State v. ReddingtonSouth Dakota Supreme Court · 1895
  3. Ryan v. StateCourt of Criminal Appeals of Oklahoma · 1913
  4. State v. CarmeanSupreme Court of Iowa · 1905
  5. State v. HarveyOregon Supreme Court · 1926

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