State v. Rollet
Supreme Court of Iowa
Appeal from the Lee District Court. The record shows that to an indictment charging the defendant with selling intoxicating liquors by the glass or dram, he pleaded guilty, and was adjudged by the court to pay a fine of fifty dollars and costs of said suit, and to stand committed until the fine and costs were paid. It is further shown by the record, that the fine and costs were paid before the taking of the appeal.
Read the full summary
Appeal from the Lee District Court. The record shows that to an indictment charging the defendant with selling intoxicating liquors by the glass or dram, he pleaded guilty, and was adjudged by the court to pay a fine of fifty dollars and costs of said suit, and to stand committed until the fine and costs were paid. It is further shown by the record, that the fine and costs were paid before the taking of the appeal. The indictment charged the offense to have been committed on the 14th day of October, 1857. The defendant appeals.
1Opinion of the CourtStockton, J.
— As the time is laid on the 14th of Octo*536ber, 1857, which was after the taking effect of the present constitution of the State of Iowa, the district court had no jurisdiction of the offense charged, and no legal authority to render judgment against defendant. Constitution, article 1, section 11. It is only to offenses committed before the taking effect of the present constitution, that the saving clause applies, which provides that they shall be subject to indictment, trial and punishment, in the same manner as if the new constitution had not been adopted. Constitution, article 12, section 3.…
2Cited by6 opinions
- Commonwealth v. PeretzMassachusetts Supreme Judicial Court · 1912
- Whatley v. StateSupreme Court of Florida · 1903
- State v. TaitSupreme Court of Iowa · 1867
- State v. DaleSupreme Court of Iowa · 1900
- State v. BurdickSupreme Court of Iowa · 1859
1 more not listed; retrieve them via the Exa API.