Legal Opinion

State v. Hoffman

Supreme Court of Iowa

Decided October 23, 1885PublishedCited by 1 opinion

Appeal from Carroll District Court. The defendant was indicted for cheating by false pretenses. A demurrer to the indictment was sustained as to one ground and overruled as to another. Defendant appeals from the judgment overruling the demurrer as to one ground.

1Opinion of the Court

Beck, Ch. J.

The demurrer to the indictment was based upon two grounds. It was sustained as to one, and overruled as to the other. The district court thereupon adjudged and ordered that the indictment and all further proceedings thereunder be dismissed. In our opinion an appeal will not lie in this case, for the reason that, under the decision of the district court, it is finally ended, and no further proceedings can be had therein. Defendant is in no peril from the indictment, for it exists no longer as a charge of crime against him. It is as though it had never been — utterly deprived of all…

2Cited by1 opinion

  1. State v. WrightSupreme Court of Iowa · 1900

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