State v. Hunter
Supreme Court of Iowa
Appeal from Marion District Court. The defendants, James H. Hunter, W. L. Walters, John Oawley, J. R. Roberts and E. IT.
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Appeal from Marion District Court. The defendants, James H. Hunter, W. L. Walters, John Oawley, J. R. Roberts and E. IT. Booth, were indicted jointly under the statute for the suppression of intemperance, and by agreement the cofirt heard the evidence, and deeided-that they were each guilty, whereupon defendants each pleaded guilty, upon which plea the court adjudged that Walters should pay a fine of $10, Hunter a fine of $60, Cawley a fine of $25, Roberts a fine of $25, and Booth a fine of $10, and that they pay the costs of the prosecution. The clerk, in recording the proceedings, entitled…
1Opinion of the CourtMiller, J.
The record does not present us with a copy of the indictment, but it is stated in argument that the defendants were jointly indicted under the statute for the suppression of intemperance. Section 1789 of the Revision provides, that in all misdemeanors “ defendants jointly indicted may be tried separately or jointly in the discretion of the court; but there is no statutory provision, to which our attention has been called, authorizing a joint judgment. Indeed, in the very nature of the case the judgments would necessarily be separate against each person convicted. The person committing an…
2Cited by7 opinions
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