State v. Tait
Supreme Court of Iowa
Appeal from Jefferson District Gourt. Assault and battery. — The parties appeared before tbe justice outlie 12th of dune, 1866, and the ease was set for bearing on tbe 15th of tbe same month. On the 13th tbe defendants appeared, waived an arraignment, and plead guilty. They were fined five dollars each, with costs. The whole amount was paid on the same day, and the justice paid it at once to the county treasurer.
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Appeal from Jefferson District Gourt. Assault and battery. — The parties appeared before tbe justice outlie 12th of dune, 1866, and the ease was set for bearing on tbe 15th of tbe same month. On the 13th tbe defendants appeared, waived an arraignment, and plead guilty. They were fined five dollars each, with costs. The whole amount was paid on the same day, and the justice paid it at once to the county treasurer. On the 15th, the State, with the prosecutor, appeared, and, on being advised of the action of tbe justice, gave notice of appeal. This was perfected, and in the District Court the…
1Opinion of the Court
"Wright, J.
1. criminal law: appeal by the state. The statute (5094) gives tbe right of appeal to the State as well as to the defendant; and this right exists where the judgment is in favor of the __ . . . . # . State as well as where it is against it. lha.t *142is to say, the right given is general; and, if the fine assessed is not, in the opinion of those prosecuting and acting for the State, sufficient, an appeal may be taken as well as where the defendant is acquitted.
2. — plea of guilty. And, in such a case,-it makes no difference that the defendant has plead guilty. State v. Kraft, 10 Iowa,…
2Cases cited4 opinions
- McCormick v. RuschSupreme Court of Iowa · 1863
- State v. GreenSupreme Court of Iowa · 1864
- State v. KraftSupreme Court of Iowa · 1860
- State v. RolletSupreme Court of Iowa · 1858
3Cited by7 opinions
- State v. ArnoldIndiana Supreme Court · 1896
- State v. WestfallSupreme Court of Iowa · 1873
- State ex rel. Abbott v. Board of County CommissionersNebraska Supreme Court · 1879
- Johnson v. StateCourt of Appeals of Maryland · 1948
- State v. FordSupreme Court of Iowa · 1913
2 more not listed; retrieve them via the Exa API.