Baurose v. State
Supreme Court of Iowa
Error to the Scott District Court. This action originated before a justice of tbe peace, by information, filed September 15, 1854, containing three counts, and cbaxging the defendant below, Baurose, with unlawfully retailing intoxicating liquors. Trial by jury. Verdict, guilty on two counts, and judgment tbereon. Appeal was taken to the District Court, and on the call of the case in that court, the prosecuting attorney moved an affirmance of the judgment of the justice.
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Error to the Scott District Court. This action originated before a justice of tbe peace, by information, filed September 15, 1854, containing three counts, and cbaxging the defendant below, Baurose, with unlawfully retailing intoxicating liquors. Trial by jury. Verdict, guilty on two counts, and judgment tbereon. Appeal was taken to the District Court, and on the call of the case in that court, the prosecuting attorney moved an affirmance of the judgment of the justice. At this stage of the ease, the court asked, if either of the parties desired a jury, and on being answered in the negative,…
1Opinion of the CourtIsbell, J.
Tbe first and second specifications of error,. • resolve themselves into tbe same .question, viz: whether tbe District Court erred in refusing tbe defendant a trial by jury. So far as tbe waiver of that right by tbe defendant is concerned, it appears that the question propounded by tbe court, viz: whether either party desired a jury, was asked at a stage of tbe cause, where a jury could take no part; that is to say, on tbe bearing of a motion. We cannot, therefore, consider tbe defendant’s right to be tried by a jury, as waived by him; and if be would be entitled to it on other ground, it…
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