State v. Illinois
| Decision Date | 14 May 1888 |
| Citation | 74 Iowa 441,38 N.W. 143 |
| Parties | STATE v. ILL. |
| Court | Iowa Supreme Court |
OPINION TEXT STARTS HERE
Appeal from district court, Polk county; JOSIAH GIVEN, Judge.
The defendant, Lorenz Ill, was tried by a jury in justice's court on an information which charged him with having owned and kept intoxicating liquors, with intent to sell the same contrary to law. He was convicted, and adjudged to pay a fine. From that judgment he appealed. In the district court he consented to a trial without a jury, and was again convicted; and, from the judgment rendered, appeals to this court.Baylies & Baylies, for appellant.
A. J. Baker, Atty. Gen., for appellee.
ROBINSON, J., ( after stating the facts as above.)
The only question presented by this appeal is the power of the defendant to waive his right to a trial by jury in the district court. It is contended by appellant that such right did not exist, and that this case falls within the rule announced in State v. Carman, 63 Iowa, 130, 18 N. W. Rep. 691, and State v. Larrigan, 66 Iowa, 426, 23 N. W. Rep. 907. In each of those cases the defendant was tried on an indictment, and it was held that section 4350 of the Code was an imperative provision, which excluded the jurisdiction of the court, without a jury, to try an issue of fact presented by indictment. In this case, defendant was accused, by information, of an offense of which the district court had only appellate jurisdiction. Section 4702 of the Code provides that a case of this kind “shall stand for trial anew in the district court in the same manner that it should have been tried before the justice.” It should have been tried before the justice in one of two modes: either by the court, or by a jury. The provisions of the Code which apply in this case are as follows: It will be noticed that the proper manner of trying a case of this kind in justice's court is to try it to the justice, unless a jury is demanded by defendant. In other words, if he fail to demand a jury, he waives the right to be tried by one. This being the case in justice's court, and the cause being triable in the same mode or manner in the district court, the defendant had the power to...
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State v. Henderson
...the court, When there is no provision of law authorizing it . . .." Id. at 309-10, 65 N.W. at 151-52 (emphasis added). In State v. Ill, 74 Iowa 441, 38 N.W. 143 (1888), the court upheld waiver of jury trial in a misdemeanor appeal on the ground that the statute did not prohibit waiver in th......
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State v. Uebberheim, 59046
...in the District Court, required defendant to demand a jury trial before any evidence was taken." To similar effect is State v. Ill, 74 Iowa 441, 442, 38 N.W. 143 (1888), where this statement "In this case, defendant was accused, by information, of an offense of which the district court had ......
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State v. Rivera
...through untimely demand was provided at least as far back as the Code of 1873, as is indicated by the discussion in State v. Ill, 74 Iowa 441, 442, 38 N.W. 143, 143 (1888). Under the requirements imposed by Iowa Rule of Criminal Procedure 45, defendants were obliged to request a jury trial ......
- State v. Ill