Legal Opinion

State v. Ward

Supreme Court of Iowa

Decided May 8, 1915PublishedCited by 25 opinions

Appeal from Pottawattamie District Court. — IIon. E. B. Woodrupp, Judge. The defendant was prosecuted under information charging him with unlawfully killing a deer. The defendant pleaded not guilty and a trial was had in justice court resulting in conviction. From this judgment, an appeal was taken by defendant to the district court. Upon trial had to the court without a jury, the defendant was again convicted and has appealed

1Opinion of the CourtEvans, J.

In the judgment of the district court was included the following finding:

1. Game : deer : prohibition on killing: constitutional right to protect property. The record herein strongly suggests a purely moot case. As is usual in such a ease, the' arguments are more formal than zealous. There is much in the record to indicate that the alleged criminal act was committed for the very purpose of presenting a case and taking judicial opinion thereon. Needless to say, the courts are not friendly to moot cases.They are kept sufficiently busy with bona fide controversies. In view of the fact, however,…

2Cited by25 opinions

  1. City of Sioux City v. Michael Jon JacobsmaSupreme Court of Iowa · 2015
  2. State v. ReeseSupreme Court of Iowa · 1978
  3. State v. RathboneMontana Supreme Court · 1940
  4. State v. WaltonSupreme Court of Iowa · 1981
  5. State v. BurkWashington Supreme Court · 1921

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