State v. Wilson
Supreme Court of Iowa
Appeal from Linn District Gourt. — IioN. William G. TiiompsoN, Judge. Dependant was charged by information filed in the superior court with a violation of an ordinance of the city of Cedar Rapids. Upon the trial he was found guilty, and from a judgment imposing a fine he appealed to the district court.
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Appeal from Linn District Gourt. — IioN. William G. TiiompsoN, Judge. Dependant was charged by information filed in the superior court with a violation of an ordinance of the city of Cedar Rapids. Upon the trial he was found guilty, and from a judgment imposing a fine he appealed to the district court. In the latter court, he, with leave of the court, filed a demurrer to the information, the principal ground of which was that the prosecution was in the name of the state, and that the information for this reason was defective and invalid. The demurrer was sustained. The prosecution aslced…
1Opinion of the CourtWaterman, J.
Counsel for defendant have filed ím argument in this court, and we are without means of knowing their position further than it appears in the general statement of the demurrer. Was this process properly entitled ? This is the question to be determined. The style of criminal process is purely matter of form. State v. King, 31 Iowa, 462-468. In the absence of any constitutional requirement the general asssembly may prescribe such style as it sees fit, and prosecutions may bo conducted thereunder. Section 8, article £>, of the co,i>stit]ifion provides: “Tfie style of all *95process shall be 'The…
2Cases cited4 opinions
- City of Davenport v. BirdSupreme Court of Iowa · 1872
- State v. RobitshekSupreme Court of Minnesota · 1895
- People v. VintonMichigan Supreme Court · 1890
- Bowen v. Troy Portable Mill Co.Supreme Court of Iowa · 1871
3Cited by3 opinions
- Robinson v. GainesSupreme Court of Missouri · 1960
- Ex parte WoodwardSupreme Court of Alabama · 1913
- State ex rel. Kelly v. McMasterNorth Dakota Supreme Court · 1904