State v. Fortunski
| Decision Date | 01 July 1925 |
| Citation | 204 N.W. 401,200 Iowa 406 |
| Parties | STATE OF IOWA, Appellee, v. FRANK FORTUNSKI, Appellant |
| Court | Iowa Supreme Court |
Appeal from Cerro Gordo District Court.--C. H. KELLEY, Judge.
DEFENDANT was accused by county attorney's information with the crime of lewd, immoral, and lascivious acts with a child under the age of sixteen years, contrary to the provisions of Section 13184, Code of 1924. Upon a plea of guilty, judgment was entered, in conformity to law. The opinion states the grounds upon which the defendant now predicates his appeal.
Affirmed.
Birdsall & Birdsall, for appellant.
Ben J Gibson, Attorney-general, Neill Garrett, Assistant Attorney-general, and William P. Butler, County Attorney, for appellee.
DE GRAFF, J.
This case comes here on appeal from the judgment entered by the district court of Iowa in and for Cerro Gordo County. The defendant was charged, on information filed by the county attorney, with the crime of lewd, lascivious acts with a child under the age of sixteen years. He appeared in open court upon arraignment, entered a plea of guilty, and asked that judgment be pronounced at once. This was done. No evidence was taken before the trial court, and consequently the only facts appearing in the record before us are found in the minutes of the testimony attached to the county attorney's information. With this phase of the record we are not concerned.
Three propositions are stated by appellant upon which a reversal of the judgment is based: (1) That the information is not indorsed "a true information," as required by Section 13646, Code of 1924; (2) that the information filed by the county attorney is not verified by him, as required by Section 13649, Code of 1924; and (3) that the information does not show the approval or disapproval of the district judge indorsed thereon, as required by Section 12650, Code of 1924.
This appeal involves the law adjective, and not the substantive law governing the crime charged. A question of procedure is before us, and the disposition of the appeal must be determined by the statute. The three propositions relied upon by appellant may be resolved into one question: Did the failure of the defendant to demur to the information constitute a waiver of the rights now asserted by him? Even though an information, as in the instant case, may have been found defective upon demurrer, it is...
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State v. Anderson, No. 4-075/03-0458 (Iowa App. 4/14/2004), 4-075/03-0458
...129 N.W.2d 88, 91 (1964) (holding failure to file new information and arraign defendant waived by guilty plea); State v. Fortunski, 200 Iowa 406, 407-08, 204 N.W. 401, 401 (1925) (holding objections to defects in trial information waived by defendant's failure, prior to plea, to move to set......
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State v. Phippen
...That would have been the result, of course, had the complaint been a county attorney's information. §§ 769.17(4), 769.18; State v. Fortunski, 200 Iowa 406, 204 N.W. 401. Our decisions hold the principle to be the same with a complaint charging a nonindictable misdemeanor. State v. Porter, 2......
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Bennett v. Bradley, 41811.
...and if not so made, the objections shall be deemed waived. See, also, Jones v. McClaughry, 169 Iowa, 281, 151 N. W. 210;State v. Fortunski, 200 Iowa, 406, 204 N. W. 401. [2] The petitioner also contends that the original sentence was void, and that the court lost jurisdiction to pronounce a......
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State v. Woodson
...214 N.W. 735; State v. Costello, 200 Iowa 313, 202 N.W. 212. See also section 777.3, 1950 Code I.C.A. We held in State v. Fortunski, 200 Iowa 406, 407-408, 204 N.W. 401: '* * * Even though an information, as in the instant case, may have been found defective upon demurrer, it is not so fata......