State v. Kraft
Supreme Court of Iowa
Appeal from, Lee District Court. The defendant was prosecuted before a justice of the peace, for a violation of the act for the suppression of intemperance. lie plead guilty, was sentenced to pay a fine of $20, and be imprisoned sixty days. He appealed to thb District Court, where be asked leave to withdraw his plea of guilty, which the court refused and imposed the same fine ana imprisonment.
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Appeal from, Lee District Court. The defendant was prosecuted before a justice of the peace, for a violation of the act for the suppression of intemperance. lie plead guilty, was sentenced to pay a fine of $20, and be imprisoned sixty days. He appealed to thb District Court, where be asked leave to withdraw his plea of guilty, which the court refused and imposed the same fine ana imprisonment. This refusal is the only error assigned in this court by the defendant, who appeals.
1Opinion of the CourtLowe, C. J.
On the 29th of January, 1857, the General Assembly passed an act regulating appeals from justices of the peace in criminal cases, and repealing the provisions of the Code on the same subject. Under the Code the matter complained of would not have been error, but under the act aforesaid, which was in force at the time the appeal was taken, it is believed that the ruling of the court in the premises was erroneous. The 6th section of the Act provides that “ the cause when thus appealed should stand for trial, as an issue of fact on an indictment in the District Court,” ftc.
Dy section 2961 of the…
2Cited by9 opinions
- State v. MacHovecSupreme Court of Iowa · 1945
- State v. AbramsSupreme Court of Iowa · 1906
- State v. KellisonSupreme Court of Iowa · 1942
- State v. HortmanSupreme Court of Iowa · 1904
- State v. WielandSupreme Court of Iowa · 1933
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