State v. Ill
Supreme Court of Iowa
Appeal from Polk District Court. — Hon. Josiah Given, Judge. The defendant was tried by a j ury in a justice’s court on an information which charged him with having owned and kept intoxicating liquors, with intent to sell the same contrary to law. He was convicted and adjudged to pay a fine. Prom that judgment he appealed. In the district court he consented to a trial without a jury, and was again convicted ; and, from the judgment rendered, appeals to this court.
1Opinion of the CourtRobinson, J.
The only question presented by this appeal is the power of the defendant to waive his right to a trial by jury in the district court. It is contended by appellant that such right did not exist, and that this case falls within the rule announced in State v. Carman, 63 Iowa, 130, and State v. Larrigan, 66 Iowa, 426. In each of those cases the defendant was tried on an indictment, and it was held that section 4350 of the Code was *442an imperative provision, which excluded the jurisdiction bf the court, without a jury, to try an issue of fact presented by indictment. In this case, defendant was…
2Cases cited2 opinions
- State v. CarmanSupreme Court of Iowa · 1884
- State v. LarriganSupreme Court of Iowa · 1885
3Cited by10 opinions
- State v. BergSupreme Court of Iowa · 1946
- Brewster v. PeopleIllinois Supreme Court · 1899
- State v. HendersonSupreme Court of Iowa · 1980
- State v. DouglassSupreme Court of Iowa · 1895
- State v. UebberheimSupreme Court of Iowa · 1978
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