State v. Evans
Supreme Court of Iowa
Appeal from Mahaska District Gourt. — Hon. John T. Scott, Judge. 1 The defendant was indicted for causing a nuisance, in that be unlawfully did use “a certain building and restaurant situated in tbe town of Mucbaldnock, in said Mabaska county, Iowa, under tbe control of said Ted Evans, for tbe purpose of unlawfully selling certain intoxicating liquors, to-wit, rum,” etc. Tbe defendant pleaded not guilty, and on tbe trial tbe is one room building.
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Appeal from Mahaska District Gourt. — Hon. John T. Scott, Judge. 1 The defendant was indicted for causing a nuisance, in that be unlawfully did use “a certain building and restaurant situated in tbe town of Mucbaldnock, in said Mabaska county, Iowa, under tbe control of said Ted Evans, for tbe purpose of unlawfully selling certain intoxicating liquors, to-wit, rum,” etc. Tbe defendant pleaded not guilty, and on tbe trial tbe is one room building. Defendant has another room a few feet away from the saloon, which he uses as a restaurant. The defendant runs and controls both the saloon and the…
1Opinion of the CourtGiven, J.
I. This appeal is not, as defendant’s counsel seem to regard it, from the order resubmitting the case only, but it is from the judgment as rendered, and it is of that part which set aside the indictment and discharged the *82jury that the state complains. Appeals in criminal cases, whether by the state or the accused, “can only be taken from the final judgment.” Code, section 5448. State v. Swearengen, 43 Iowa, 336; State v. Davis, 47 Iowa, 634. Is this a final judgment? Section 5272 of the Code provides that “the charge” be again submitted, and the defendant continued, in custody, or on bail,…
2Cases cited2 opinions
- State v. SwearengenSupreme Court of Iowa · 1876
- State v. DavisSupreme Court of Iowa · 1878
3Cited by4 opinions
- State v. AndersonSupreme Court of Iowa · 1953
- Warthen v. HimstreetSupreme Court of Iowa · 1900
- State v. SloanSupreme Court of Iowa · 1906
- State v. YoungSupreme Court of Iowa · 1910