State v. Carman
Supreme Court of Iowa
Appeal from Adair District Court. The defendant was indicted for the crime of an assault with’an attempt to commit murder. There was a trial by the court without a jury. The defendant was found guilty, and was sentenced to confinement in tbe penitentiary for two years. Erom the judgment he appeals.
1Opinion of the CourtAdams, J.
The defendant waived in writing his right to a trial by jury. He now insists that he had no power to waive such right.
In our Code of Civil Practice it is provided that “ issues of fact in an action in an ordinary proceeding must be tried by a jury, unless the same is waived.” § 2740. In our Code of Criminal Procedure there is no provision for the waiver of a jury. On the other hand, it is provided that “an issue of fact must be tried by a jury of the county in which the indictment is found, unless a change of venue has been awarded.” Sec. 4350. We regard this provision as excluding the…
2Cases cited4 opinions
- Hill v. PeopleMichigan Supreme Court · 1868
- League v. StateCourt of Appeals of Maryland · 1872
- State v. MaineSupreme Court of Connecticut · 1858
- People v. SmithMichigan Supreme Court · 1861
3Cited by31 opinions
- City of Glendale v. CoquatArizona Supreme Court · 1935
- Michaelson v. BeemerNebraska Supreme Court · 1904
- In re DawsonIdaho Supreme Court · 1911
- State v. BergSupreme Court of Iowa · 1946
- State v. BrowmanSupreme Court of Iowa · 1921
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