State v. Severson
Supreme Court of Iowa
Appeal from Winneshielc District Court. — Hon. L. E. Fellows, Judge. The defendant was arrested and taken before a justice of the peace on an information for selling intoxicating liquor. The information contained four counts, charging separate offenses. Upon the trial before the justice the following appears to be his finding : “I find defendant guilty as charged in count one of the information.”
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Appeal from Winneshielc District Court. — Hon. L. E. Fellows, Judge. The defendant was arrested and taken before a justice of the peace on an information for selling intoxicating liquor. The information contained four counts, charging separate offenses. Upon the trial before the justice the following appears to be his finding : “I find defendant guilty as charged in count one of the information.” No specific finding is made as to the other three counts, and a fine of fifty dollars was imposed. The defendant appealed to the district court. In the district court the question was submitted as to…
1Opinion of the CourtGranger, J.
The caséis before us on a transcript, and we are without brief or argument. The record suggests only the one question: Was the finding of the *751justice an acquittal as to the fourth count of the information ? The cause was submitted to the justice on the testimony, and the record exempts none of the counts from the purposes of the trial. The counts of the information are numbered, and they specify separate offenses. The court finds the defendant guilty on one count only, and names the count “Count 1.” The defendant, being put upon trial as to all the counts, was entitled to a finding as to all,…
2Cases cited1 opinion
- State v. MallingSupreme Court of Iowa · 1860
3Cited by3 opinions
- Marshall v. StateCourt of Criminal Appeals of Texas · 1914
- State v. HuffSupreme Court of Iowa · 1933
- State v. HuffSupreme Court of Iowa · 1933