State v. Douglass
Supreme Court of Iowa
Appeal from Fayette District Court. — Hon. W,A. Hoyt, Judge. The defendant was accused by indictment of the crime of nuisance, committed by maintaining a place for the keeping for sale and selling intoxicating liquors in violation of law. He was tried by the court without the aid of a jury, was found- guilty, and adjudged to pay a fine of three hundred dollars and costs. From that judgment he appeals.
1Opinion of the CourtRobinson, J.
The defendant entered to the indictment a plea of not guilty. The record shows *309that a jury was waived, and that the cause was tried by the court without a jury. The only question we find it necessary to determine is whether a jury may be waived in a criminal proceeding prosecuted by indictment, and the cause be tried by the court. This question was considered, and fully answered in the negative, in State v. Carman, 63 Iowa, 130 (18 N. W. Rep. 691). That case was followed in State v. Larrigan, 66 Iowa, 426 (29 N. W. Rep. 907). It is insisted on behalf of the state that the decision in those…
2Cases cited11 opinions
- Cancemi v. . the PeopleNew York Court of Appeals · 1858
- Hill v. PeopleMichigan Supreme Court · 1868
- State v. CarmanSupreme Court of Iowa · 1884
- State v. LockwoodWisconsin Supreme Court · 1877
- People v. SmithMichigan Supreme Court · 1861
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3Cited by12 opinions
- State v. LightfootSupreme Court of Iowa · 1899
- State v. BergSupreme Court of Iowa · 1946
- State v. BrowmanSupreme Court of Iowa · 1921
- State v. FaganSupreme Court of Iowa · 1971
- State v. HendersonSupreme Court of Iowa · 1980
7 more not listed; retrieve them via the Exa API.