City of Creston v. Nye
Supreme Court of Iowa
Appeals from Crestón Superior Court and from Union .District Court. — Hon. John W. Harvey, Judge'. The defendant was arrested upon an information filed in the superior court of Crestón, charging him with a violation of a city ordinance. By an agreement the hearing of the cause was continued until July 11, 1887, at which time the defendant appeared, and pleaded not guilty, and demanded a trial by jury.
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Appeals from Crestón Superior Court and from Union .District Court. — Hon. John W. Harvey, Judge'. The defendant was arrested upon an information filed in the superior court of Crestón, charging him with a violation of a city ordinance. By an agreement the hearing of the cause was continued until July 11, 1887, at which time the defendant appeared, and pleaded not guilty, and demanded a trial by jury. The regular panel of jurors had been discharged for the term, and the demand for a jury trial was refused. Thereupon the cause was tried to the court without a jury, and the defendant was found…
1Opinion of the CourtRothkock, J.
Appellant insists that he was entitled to be tried by a jury, and that, having been denied that right, he was not legally convicted. The proceeding under the ordinance was a criminal prosecution. Jaquith v. Royce, 42 Iowa, 406 ; State v. Vail, 57 Iowa, 103. Section ten, article one, of the constitution, provides that “in all criminal prosecutions, and in cases involving the life or liberty of an individual, the accused shall have a right to a speedy and public trial by an impartial jury.” Section six of chapter 143 of the Laws of 1876 provides that the superior court shall have “ exclusive…
2Cases cited4 opinions
- State v. BenekeSupreme Court of Iowa · 1859
- Zelle v. McHenrySupreme Court of Iowa · 1879
- Jaquith v. RoyceSupreme Court of Iowa · 1876
- State v. VailSupreme Court of Iowa · 1881
3Cited by6 opinions
- Davison v. GarfieldSupreme Court of Iowa · 1934
- Ewing v. Webster CitySupreme Court of Iowa · 1897
- Lawson v. Territory of OklahomaSupreme Court of Oklahoma · 1899
- City of Des Moines v. PughSupreme Court of Iowa · 1942
- State v. PorterSupreme Court of Iowa · 1928
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