State v. Wright
Supreme Court of Iowa
Appeal from Appanoose District Court. — Hon. M. A. Roberts, Judge. . • The defendant was convicted of the crime of manslaughter. After final judgment, and after an appeal had been perfected therefrom, he made application to have the evidence in the case transcribed at the expense of the county, which was denied, and he appeals from that order.
1DissentDeemer, J.
Regretting that I cannot agree with the majority, for I believe that the legislature ought to provide for an appeal from such a. ruling as is here involved, I am nevertheless constrained to file this dissent from what I think is a plainly erroneous construction of the statute. The majority correctly say that the right of appeal is purely statutory, and that if the statute does not confer the right it does not exist. I would Only add this general principle, that, when a statute does give the right of appeal from certain orders in a criminal case, appeals from all other orders are by, necessary…
2Cases cited4 opinions
- State v. JonesSupreme Court of Iowa · 1884
- State v. SwearengenSupreme Court of Iowa · 1876
- Blair v. BlairSupreme Court of Iowa · 1888
- State v. HoffmanSupreme Court of Iowa · 1885