State v. Burdick
Supreme Court of Iowa
Appeal from Hardin District Court. This indictment wras found April 80th, 1858, and charges that defendant committed an assault and battery, December 18,1857. A demurrer filed September 27, 1858, was sustained, and of this the State now complains.
1Opinion of the CourtWright, C. J.
grounds of demurrer relied upon are, that the offense charged is not indictable, and that the law under which the indictment was found, is repealed.
The constitution, which took effect September 5,1857, provides that all offences less than a felony, in which the punishment does not exceed a fine of one hundred dollars, or imprisonment for thirty days, shall be tried summarily before a justice of the peace,on information under oath, without indictment. *403(Section 11, Art. 1.) By the Code, section 2597, the offence here charged, was punished by imprisonment in the county jail, not exceeding six…
2Cases cited2 opinions
- State v. RolletSupreme Court of Iowa · 1858
- Walters v. StateSupreme Court of Iowa · 1858
3Cited by2 opinions
- People v. McNultyCalifornia Supreme Court · 1892
- State v. ShafferSupreme Court of Iowa · 1866