State v. Weston
| Decision Date | 13 December 1938 |
| Docket Number | 44307. |
| Citation | 282 N.W. 774,225 Iowa 1377 |
| Parties | STATE v. WESTON. |
| Court | Iowa Supreme Court |
Appeal from Municipal Court of Des Moines; C. S. Cooter, Judge.
The defendant was prosecuted and convicted in the municipal court of the city of Des Moines, and from such conviction he appeals.
Reversed.
Guy A Miller, of Des Moines, for appellant.
John H Mitchell, Atty. Gen., Buell McCash, Sp. Asst. Atty. Gen., and Carl A. Burkman, Co. Atty., and Don Hise, Asst. Co. Atty both of Des Moines, for the State.
The defendant was tried in the Des Moines municipal court under a so-called information which he contends gave the court no jurisdiction to enter any judgment against him.
The information, as far as it is possible to decipher it, is as follows:
" Information 102-791 No. 1230 A
State of Iowa
vs.
Defendant M. P. Weston
Address 1854 E. Wal.
License 77-7562
Is accused of Speeding 50 * * *
At * * *
On or about * * * Time * * *
In the City of Des Moines, in the County of Polk, State of Iowa, unlawfully and wilfully __-- and contrary to the statutes in such cases made and provided and against the peace and dignity of the State of Iowa, and contrary to an ordinance of the City of Des Moines in such cases made and provided.
Officer A. D. Shores
Subscribed and sworn to this * * * A. D. 1937
Judge __--
| Defendant |
| appeared | 10-4 | 2 | 1937 |
| Plea | N. G. | Hearing 10-18 1937 |
Bond Own Continued to __--
Penalty __-- CSC
Judge"
(The italicized portion represents so much of the written part of the exhibit as we have been able to decipher, and the stars represent what appears to be a part of the written entries, but which we have been unable to decipher even with the aid of a magnifying glass.)
The attorneys for the parties have placed their construction upon what the omitted portions are, but, without doubting the correctness thereof, we cannot accept assumptions as the basis of a judgment in a criminal case.
It will be seen that, contrary to the express requirements of the statute (sec. 13558 of the Code), this document is not sworn to, notwithstanding our pronouncement in State v. Ford, 222 Iowa 655, 269 N.W. 926. While there is some difference between the alleged informations, neither is sworn to, and this we hold renders the one before us insufficient to support a conviction.
This case is ruled by the Ford Case,...
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