State v. Davis
Supreme Court of Iowa
Appeal from Des Moines District Cov/rt. Defendant was indicted for setting fire to a building with intent to cause it to be burned. A lawful jury was empaneled, and, while the trial was proceeding, one of the jurors became sick. The • court, upon the consent of counsel both of the defendant and of the State, excused the further attendance of the sick juror, and the trial of the cause proceeded before eleven jurors, who returned a verdict of guilty.
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Appeal from Des Moines District Cov/rt. Defendant was indicted for setting fire to a building with intent to cause it to be burned. A lawful jury was empaneled, and, while the trial was proceeding, one of the jurors became sick. The • court, upon the consent of counsel both of the defendant and of the State, excused the further attendance of the sick juror, and the trial of the cause proceeded before eleven jurors, who returned a verdict of guilty. A motion in arrest of judgment, based upon the. ground that the verdict was not rendered by a jury constituted of the number required by law, was…
1Opinion of the CourtBeck, J.
L criminal appeal. Counsel for defendant insist that we cannot entertain jui’isdiction of the cause for the reason that no final judgment was rendered in the case by the court below, from which, alone, an appeal can be prosecuted in this court. The objection is raised both upon motion and in the argument upon the merits of the case: The position of counsel is well taken. "We have recently held that no appeal in a criminal case can be taken from an intermediate order, and that the statute provides for appeals to this court only from final judgments. The State v. Swearengen, 43 Iowa, 336. The…
2Cases cited1 opinion
- State v. SwearengenSupreme Court of Iowa · 1876
3Cited by5 opinions
- State v. HellicksonSupreme Court of Iowa · 1968
- State v. AndersonSupreme Court of Iowa · 1953
- State v. EvansSupreme Court of Iowa · 1900
- State of Iowa v. Latrice L. LaceySupreme Court of Iowa · 2021
- State v. HellicksonSupreme Court of Iowa · 1968