State v. Bihain
This text of 101 N.W.2d 29 (State v. Bihain) 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.
Opinion
Defendant was charged by Grand Jury indictment with the offense of robbery with aggravation — habitual, in violation of the provisions of section 711.2 of the Code of Iowa, 1958, and within the provisions of section 747.5, Code of Iowa, 1958. Pursuant to an adverse ruling on defendant’s de *440 murrer, he filed a motion for a change of venue. When same was overruled, he appealed to us.
The case comes to us upon a clerk’s transcript of the record. We have examined the same and find this appeal is without merit, is not from final judgment as required by section 793.2, Code, 1958, and cannot be taken. The appeal is therefore dismissed and the case is remanded to the district court for trial.
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Cite This Page — Counsel Stack
101 N.W.2d 29, 251 Iowa 439, 1960 Iowa Sup. LEXIS 645, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-bihain-iowa-1960.