State v. Westfall
Supreme Court of Iowa
Appeal from Montgomery District Court. Thursday, December 11. The defendants were indicted for the crime of establishing a lottery and selling and offering for sale lottery tickets. They were duly arraigned and each filed his plea of gnilty, whereupon the court imposed upon each a fine of sixty dollars and costs, and ordered that they be committed to jail until the same be paid or secured. On the same day the defendants paid the judgment.
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Appeal from Montgomery District Court. Thursday, December 11. The defendants were indicted for the crime of establishing a lottery and selling and offering for sale lottery tickets. They were duly arraigned and each filed his plea of gnilty, whereupon the court imposed upon each a fine of sixty dollars and costs, and ordered that they be committed to jail until the same be paid or secured. On the same day the defendants paid the judgment. Afterward, and on the same day, they filed their motion in arrest of judgment as follows: “ And now come the defendants in the above-entitled case, by W. P.…
1Opinion of the CourtDay, J.
Tbe attorney-general makes the point that the defendants have waived their right to be heard upon appeal, by satisfying the judgments entered against them. The position, we think, is well taken.
Courts, aside from the exceptional case of an appeal taken under the statute by the State, do not determine mere abstract questions. If the judgment in this case had been one of imprisonment, and the defendants had served out the period of imprisonment, it seems clear that they could not afterward prosecute an appeal from the judgment, for the reason that they could derive no benefit from a reversal.
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2Cases cited1 opinion
- State v. TaitSupreme Court of Iowa · 1867
3Cited by20 opinions
- State v. WinthropWashington Supreme Court · 1928
- State v. CohenNevada Supreme Court · 1921
- Washington v. ClelandOregon Supreme Court · 1907
- Johnson v. StateSupreme Court of Alabama · 1911
- Town of White Sulphur Springs v. VoiseMontana Supreme Court · 1959
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