State v. Braniff

Supreme Court of Iowa

State v. Braniff

41 N.W. 21, 76 Iowa 291, 1888 Iowa Sup. LEXIS 199

DecidedDecember 21, 1888

StatusPublished

This text of 41 N.W. 21 (State v. Braniff) 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

State v. Braniff, 41 N.W. 21, 76 Iowa 291, 1888 Iowa Sup. LEXIS 199 (iowa 1888).

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Opinion

Reed, J.

—This cause was submitted in. this court upon a transcript, which embodies the information on which the defendant was tried, the instructions of the court to the jury, their verdict, and the judgment pronounced thereon ; also defendant’s motion in arrest of judgment, and for a new trial. This motion alleges that certain irregularities occurred during the trial, by which defendant was prejudiced ; but the allegations of fact were not established by evidence, nor was any introduced which tended to prove them ; at least none is contained in the transcript before us. We cannot assume that they were true, but will presume in favor of the regularity of the proceedings of the trial court that they are not true. The record discloses no error, and the judgment ‘will accordingly be

Affirmed. ■

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Reed, J.

—This cause was submitted in. this court upon a transcript, which embodies the information on which the defendant was tried, the instructions of the court to the jury, their verdict, and the judgment pronounced thereon ; also defendant’s motion in arrest of judgment, and for a new trial. This motion alleges that certain irregularities occurred during the trial, by which defendant was prejudiced ; but the allegations of fact were not established by evidence, nor was any introduced which tended to prove them ; at least none is contained in the transcript before us. We cannot assume that they were true, but will presume in favor of the regularity of the proceedings of the trial court that they are not true. The record discloses no error, and the judgment ‘will accordingly be

Affirmed. ■

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Bluebook (online)

41 N.W. 21, 76 Iowa 291, 1888 Iowa Sup. LEXIS 199, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-braniff-iowa-1888.