State v. Dougherty
Supreme Court of Iowa
Appeal from Buchanan District Court. The defendant was charged by indictment witb the crime of nuisance. ELe pleaded guilty to the charge, and the court entered judgment against him, imposing a fine and the costs of the proceeding.
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Appeal from Buchanan District Court. The defendant was charged by indictment witb the crime of nuisance. ELe pleaded guilty to the charge, and the court entered judgment against him, imposing a fine and the costs of the proceeding. Afterwards, at the same term, and before any part of the judgment had been performed, the court set the judgment aside, and entered another judgment against him, imposing a greater fine than was imposed by the first judgment, and from that order defendant appealed.
1Opinion of the CourtNeed, J.
There was no question as to the validity of the judgment first entered. All the proceedings anterior to it were regular. It was entered in regular form, and the penalty imposed by it was such as the court had the power to impose for the offense charged in-the indictment. The question in the case is whether the court, after it had entered a judgment in regular form against the defendant, had the power, at the same term and before any part of the judgment had been performed, to set that judgment aside, and enter another judgmént against him imposing a heavier penalty. The power of the courts to…
2Cases cited4 opinions
- Memphis v. BrownSupreme Court of the United States · 1877
- Burnside v. EnnisIndiana Supreme Court · 1873
- Ex Parte SawyerSupreme Court of the United States · 1875
- United States v. HarmisonDistrict Court, D. Oregon · 1876
3Cited by11 opinions
- Sim v. RosholtNorth Dakota Supreme Court · 1907
- United States v. HoweCourt of Appeals for the Second Circuit · 1922
- State v. MeyerSupreme Court of Kansas · 1912
- State v. NaylorDelaware Court of Oyer and Terminer · 1913
- State v. SullivanSupreme Court of Iowa · 1982
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