Miller v. State

Supreme Court of Iowa

Miller v. State

4 Iowa 505

DecidedJuly 1, 1857

StatusPublished

This text of 4 Iowa 505 (Miller v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Miller v. State, 4 Iowa 505 (iowa 1857).

Pincite

Opinion

Woodward, J.

We think the District Court erred in holding that the act of January 24, 1853, allowing a change of venue before a justice, did not apply to criminal cases. The Code did not allow such change of venue, and this act was designed to remedy the supposed evil. It must apply to criminal as well as civil causes.

The District Court should have granted the defendant a trial in that court, on his affidavit for appeal. This is sufficient, unless controverted by the return of the justice, which is not the case in this instance. State v. Carretson, ante. In this there was error, and the judgment is reversed.

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Woodward, J.

We think the District Court erred in holding that the act of January 24, 1853, allowing a change of venue before a justice, did not apply to criminal cases. The Code did not allow such change of venue, and this act was designed to remedy the supposed evil. It must apply to criminal as well as civil causes.

The District Court should have granted the defendant a trial in that court, on his affidavit for appeal. This is sufficient, unless controverted by the return of the justice, which is not the case in this instance. State v. Carretson, ante. In this there was error, and the judgment is reversed.

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Bluebook (online)

4 Iowa 505, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miller-v-state-iowa-1857.