State v. Goodsell
Supreme Court of Iowa
Appeal from Butler District Court.— ITon. O. H. Kelley, Judge. Defendant, after trial, was convicted of tbe crime of incest, and was sentenced to a term in tbe penitentiary. After serving notice of appeal in form and manner and within tbe time prescribed by law, he applied by motion for an order directing that a transcript of tbe evidence taken upon the trial be made at the expense of tbe county for his use in prosecuting his appeal.
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Appeal from Butler District Court.— ITon. O. H. Kelley, Judge. Defendant, after trial, was convicted of tbe crime of incest, and was sentenced to a term in tbe penitentiary. After serving notice of appeal in form and manner and within tbe time prescribed by law, he applied by motion for an order directing that a transcript of tbe evidence taken upon the trial be made at the expense of tbe county for his use in prosecuting his appeal. The motion was supported by the affidavit of defendant, wherein it was recited that tbe appeal was in good faith, that a transcript of”tbe evidence was necessary…
1Opinion of the CourtBishop, J.
The statute (Code, section 254) provides that “ if a defendant in a criminal cause has perfected an appeal from a judgment against him, and shall satisfy a judge of the court from which the appeal is taken that he is unable to pay for a transcript of the evidence, such judge may order the same made at the expense of the county.” Now, in the absence of any counter showing, the affidavit of the defendant was sufficient to establish the fact of his poverty. Counsel for the State do not stop to question this. The contention presented' is that, as there was no showing of merit in the appeal, the…
2Cases cited4 opinions
- State v. WrightSupreme Court of Iowa · 1900
- State v. RobbinsSupreme Court of Iowa · 1898
- State v. WaddleSupreme Court of Iowa · 1895
- State v. SteidleySupreme Court of Iowa · 1907
3Cited by7 opinions
- State v. HudsonSupreme Court of Rhode Island · 1935
- State Ex Rel. Cheney v. RoweSupreme Court of Florida · 1943
- State v. ShafferSupreme Court of Iowa · 1908
- State v. Van GorderSupreme Court of Iowa · 1921
- State v. TonnSupreme Court of Iowa · 1920
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