Legal Opinion

State v. McDougal

Supreme Court of Iowa

Decided March 7, 1922PublishedCited by 6 opinions

Appeal from Polk District Court.- — Lester L. Thompson, Judge. The trial court excluded certain evidence offered by tbe State, and then sustained defendant’s motion to direct a verdict of acquittal. The State appeals. —

1Opinion of the CourtPreston, J.

i criminax, law quittlu pre-ac" sumption. — 1. At the outset, appellee raises the question that this court has no jurisdiction to entertain the appeal, for the reason that no final judgment was entered against the State, record. does not show a final judgment against the State for costs. But, as said, the court sustained defendant’s motion for a directed verdict of acquittal, and directed the jury to return such a verdict, and such verdict was signed and returned to the court, as directed. This was final as to the defendant. The statute, Section 5430, Code, 1897, provides that, under such…

2Cases cited18 opinions

  1. State v. SampsonSupreme Court of Iowa · 1912
  2. State v. LeeSupreme Court of Iowa · 1894
  3. Buehner ex rel. Buehner v. Creamery Package Manufacturing Co.Supreme Court of Iowa · 1904
  4. Moore v. CrandallSupreme Court of Iowa · 1910
  5. Worez v. Des Moines City Railway Co.Supreme Court of Iowa · 1916

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3Cited by6 opinions

  1. State v. WallaceSupreme Court of Iowa · 1966
  2. State v. KnoxSupreme Court of Iowa · 1945
  3. Stolar v. TurnerSupreme Court of Iowa · 1945
  4. In Re Estate of KahlSupreme Court of Iowa · 1930
  5. State v. GardinerSupreme Court of Iowa · 1927

1 more not listed; retrieve them via the Exa API.

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