State v. Shaffer
Supreme Court of Iowa
Appeal from, Iowa District Court. The defendant wás indicted on the 12th day of February, 1866, for a willful trespass committed by “cutting down and destroying eight trees, the same then and there being timber and wood standing and growing upon the land of another, to wit, S. M. Beason, there situate.”
Read the full summary
Appeal from, Iowa District Court. The defendant wás indicted on the 12th day of February, 1866, for a willful trespass committed by “cutting down and destroying eight trees, the same then and there being timber and wood standing and growing upon the land of another, to wit, S. M. Beason, there situate.” The defendant demurred to the indictment, because the court had no jurisdiction of the offense charged, for that the statute under which the indictment was found had been repealed and the offense was now triable only before a justice of the peace.
1Opinion of the CourtCole, J.
i. statute: .repeal: crimmai law. The offense charged in the indictment was, by the Revision of 1860, section 4324 (Code.of 1851, § 2683), punishable by fine not exceeding five hundred dollars, or imprisonment m the county jail not more than one year, or both, at the discretion of the court. By an act approved March 15, which took effect March 28,1866, section 4324 of the Revision was so amended as that in cases where the value of the property taken or injured did not exceed fifty dollars, *487the punishment should be limited to one hundred dollars, fine or thirty days’ imprisonment. Laws 1866,…
2Cases cited2 opinions
- State v. HessenkampSupreme Court of Iowa · 1864
- State v. BurdickSupreme Court of Iowa · 1859
3Cited by6 opinions
- People v. McNultyCalifornia Supreme Court · 1892
- State v. SmithSupreme Court of Minnesota · 1895
- La Porte v. StateArizona Supreme Court · 1913
- In Re FaltinArizona Supreme Court · 1927
- State v. BrownSupreme Court of Iowa · 1933
1 more not listed; retrieve them via the Exa API.