The State v. Larrigan
Decision Date | 08 June 1885 |
Citation | 23 N.W. 907,66 Iowa 426 |
Parties | THE STATE v. LARRIGAN. (TWO CASES.) |
Court | Iowa Supreme Court |
Appeals from Polk District Court.
REVERSED.
D. O. Finch, for appellant.
A. J. Baker, Attorney-general, for appellee.
OPINION
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State v. Berg
... ... statutory provision as Code section 13804 excludes the ... jurisdiction of the court, without a jury, to try such issue, ... and that the defendant could not waive a jury and submit to ... trial by the court alone. This decision was followed in State ... v. Larrigan, 66 Iowa 426, 23 N.W. 907, a felony case and in ... the following indictable misdemeanor cases: State v. Tucker, ... 96 Iowa 276, 65 N.W. 152; State v. Douglass, 96 Iowa 308, 65 ... N.W. 151; State v. Rea, 126 Iowa 65, 101 N.W. 507; State v ... Williams, 195 Iowa 374, 191 N.W. 790; State [237 ... ...
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State v. Sereg
... ... However, the question of the inability of a ... defendant in a criminal case to waive a jury and try his case ... to the court is stare decisis in this state, as this court ... has followed State v. Carman, supra , in a number of ... cases, among them being State v. Larrigan, 66 Iowa ... 426, 23 N.W. 907; State v. Rea, 126 Iowa 65, 101 ... N.W. 507; State v. Douglass, 96 Iowa 308, 65 N.W ... 151; State v. Tucker, 96 Iowa 276, 65 N.W. 152; ... State v. Williams, 195 Iowa 374, 191 N.W. 790, and ... State v. Stricker, 196 Iowa 290, 194 N.W. 60 ... ...
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State v. Browman
... ... of grand jurors, and the Smith case to ... instructions' being in writing. It is also claimed that ... the following cases support the error assigned. State v ... Rea, 126 Iowa 65, 101 N.W. 507; State v ... Carman, 63 Iowa 130, 18 N.W. 691; State v ... Larrigan, 66 Iowa 426; State v. Douglass, 96 ... Iowa 308, 65 N.W. 151. The last four cases hold merely that a ... defendant in a criminal case may not waive a jury entirely ... The Federal Constitution, Article 3, also cited by appellant, ... provides that the trial of all crimes, except in cases ... ...
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State v. Browman
...error assigned: State v. Rea, 126 Iowa, 65, 101 N. W. 507;State v. Carman, 63 Iowa, 130, 18 N. W. 691, 50 Am. Rep. 741;State v. Larrigan, 66 Iowa, 426, 23 N. W. 907;State v. Douglass, 96 Iowa, 308, 65 N. W. 151. The last four cases hold merely that a defendant in a criminal case may not wai......
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