Legal Opinion

State v. Shaffer

Supreme Court of Iowa

Decided January 17, 1908PublishedCited by 6 opinions

Appeal from, Linn District Court.— Hon. Milo P. Smith, Judge. Defendant, having been convicted of murder in the first degree, perfected his appeal to this court, and then applied to tho district court for a transcript of the evidence adduced on the trial at the expense of the county. In support thereof was his affidavit to the effect that he was with'out money or means of any kind.

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Appeal from, Linn District Court.— Hon. Milo P. Smith, Judge. Defendant, having been convicted of murder in the first degree, perfected his appeal to this court, and then applied to tho district court for a transcript of the evidence adduced on the trial at the expense of the county. In support thereof was his affidavit to the effect that he was with'out money or means of any kind. On the other hand, the State filed the affidavit of the county attorney, denying that the defendant was without means, and stating that at the time of his arrest he was owner of forty-six acres of land, forty of…

1Opinion of the Court

Ladd, O. J.

1. Criminal law: transcript at expense of county: appeal. The rule may be regarded as settled in this State, though by a divided court, that any person convicted of crime who has taken an appeal to this court, and is without means to pay therefor, unless he has voluntarily placed himself m that situation, is entitled to appeal from an order denying a transcript of the evidence adduced upon his trial at the expense of the county. State v. Robbins, 106 Iowa, 692; State v. Wright, 111 Iowa, 622; State v. Stiedley, 133 Iowa, 31; State v. Goodsell, 136 Ia., 445.

*962. Same: voluntary…

2Cases cited3 opinions

  1. State v. RobbinsSupreme Court of Iowa · 1898
  2. State v. GoodsellSupreme Court of Iowa · 1907
  3. State v. SteidleySupreme Court of Iowa · 1907

3Cited by6 opinions

  1. Pearlman v. StateCourt of Appeals of Maryland · 1961
  2. State v. HudsonSupreme Court of Rhode Island · 1935
  3. Wainwright v. StateCourt of Criminal Appeals of Oklahoma · 1915
  4. State v. HortonSupreme Court of Iowa · 1937
  5. State v. MorganOregon Supreme Court · 1935

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