Zelle v. McHenry
Supreme Court of Iowa
Appeal from an order of the Judge of the District Court of Polk County. The plaintiff was arrested and taken before the Police Court of the city of Des Moines upon an information charging him with selling beer and other malt and vinous liquors contrary to an ordinance of said city. At. the proper time he de'manded a trial by jury, which was denied by the court.
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Appeal from an order of the Judge of the District Court of Polk County. The plaintiff was arrested and taken before the Police Court of the city of Des Moines upon an information charging him with selling beer and other malt and vinous liquors contrary to an ordinance of said city. At. the proper time he de'manded a trial by jury, which was denied by the court. After a jury trial was refused, said Zelle filed his motion for a change of venue, based upon the alleged prejudice of the judge of said Police Court. Said motion was overruled. Upon a trial plaintiff was convicted and fined in the sum…
1Opinion of the CourtRothrock, J.
1Tira'-tp>oSce court: jury — I. There are three questions presented in this record. They are — First, was the plaintiff entitled to a Jury second, was he entitled to a change of venue ? and, third, if the court erroneously denied either of these alleged rights, was its judgment void, and was the plaintiff properly released upon habeas corpus ?
We will determine these questions in the order in which they are stated. The Constitution of this State, in its first article, contains these provisions:
“Sec. 10. In all criminal prosecutions, and in eases involving the life or liberty of an individual,…
2Cases cited3 opinions
- State v. BenekeSupreme Court of Iowa · 1859
- Jaquith v. RoyceSupreme Court of Iowa · 1876
- Finch v. MarvinSupreme Court of Iowa · 1877
3Cited by17 opinions
- Crocker v. Justices of the Superior CourtMassachusetts Supreme Judicial Court · 1911
- City of Bellingham v. HiteWashington Supreme Court · 1950
- Ex parte MillerCalifornia Supreme Court · 1890
- Elsner v. ShrigleySupreme Court of Iowa · 1890
- Turney v. BarrSupreme Court of Iowa · 1888
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