State v. Malling
Supreme Court of Iowa
Appeal from Henry District Court. • The defendant was tried before a justice of the peace on an information charging five distinct offenses of selling intoxicating liquors, in as many counts; was found guilty “as charged in the information,” and fined $20. From this judgment he appealed to the District Court.
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Appeal from Henry District Court. • The defendant was tried before a justice of the peace on an information charging five distinct offenses of selling intoxicating liquors, in as many counts; was found guilty “as charged in the information,” and fined $20. From this judgment he appealed to the District Court. On the trial, the jury returned a verdict of guilty, as charged in the first four counts of the information. 'Upon this verdict the court entered judgment as follows: “That the said defendant be fined in the sum of twenty dollars on each of the counts numbered one, two, three and four,…
1Opinion of the CourtWright, J.
I. We are not prepared to say that the court below erred in overruling the application of defendant for a change of venue. In the first place if we assume that all the evidence produced on the hearing of said application is before us, we are by no means prepared to conclude that the court did not, in the language of the law, decide “ according to the very right of the matter.” (Laws of 1857, Oh. 227, section 2.) But in the second place, we are not informed by bill of exceptions or otherwise, that all the evidence produced is before us, and can not, therefore, tell whether the discretion…
2Cases cited1 opinion
- Wrocklege v. StateSupreme Court of Iowa · 1855
3Cited by4 opinions
- Hollister v. CommonwealthSupreme Court of Pennsylvania · 1869
- State v. KingSupreme Court of Iowa · 1873
- State v. SeversonSupreme Court of Iowa · 1890
- State v. OwensWashington Supreme Court · 1930