State v. McCune

Supreme Court of Iowa

State v. McCune

144 N.W.2d 401, 259 Iowa 386, 1966 Iowa Sup. LEXIS 931

CourtSupreme Court of Iowa

DecidedJuly 14, 1966

Docket51885

StatusPublished

Cited by4 cases

This text of 144 N.W.2d 401 (State v. McCune) 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. McCune, 144 N.W.2d 401, 259 Iowa 386, 1966 Iowa Sup. LEXIS 931 (iowa 1966).

Pincite

Opinion

Per Curiam

Defendant was charged by county attorney’s information with the crime of operating a motor vehicle while intoxicated, second offense, in violation of section 321.281, Code, 1962. He pleaded not guilty, was tried before court and jury and found guilty of the offense charged. Defendant admitted in open court, in the absence of the jury, the prior conviction alleged in the information.

Defendant through his attorneys attempted to appeal to this court from the final judgment by filing with the clerk of the district court a notice of appeal addressed only to the clerk. Defendant elected to submit his attempted appeal on a clerk’s transcript which reveals no notice of appeal was addressed to or served on the State or its attorneys of record in the district court and filed with the clerk, with evidence of service thereof *387 endorsed thereon or annexed thereto, as plainly required by Code section 793.4.

We have no jurisdiction of the attempted appeal and it is dismissed. State v. Fees, 250 Iowa 163, 93 N.W.2d 103. See also State v. Addison, 250 Iowa 712, 716, 95 N.W.2d 744, 747.

If, as appears likely, the attempted appeal was taken for the purpose of delay, it has accomplished its purpose. — Appeal dismissed.

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Per Curiam

Defendant was charged by county attorney’s information with the crime of operating a motor vehicle while intoxicated, second offense, in violation of section 321.281, Code, 1962. He pleaded not guilty, was tried before court and jury and found guilty of the offense charged. Defendant admitted in open court, in the absence of the jury, the prior conviction alleged in the information.

Defendant through his attorneys attempted to appeal to this court from the final judgment by filing with the clerk of the district court a notice of appeal addressed only to the clerk. Defendant elected to submit his attempted appeal on a clerk’s transcript which reveals no notice of appeal was addressed to or served on the State or its attorneys of record in the district court and filed with the clerk, with evidence of service thereof *387 endorsed thereon or annexed thereto, as plainly required by Code section 793.4.

We have no jurisdiction of the attempted appeal and it is dismissed. State v. Fees, 250 Iowa 163, 93 N.W.2d 103. See also State v. Addison, 250 Iowa 712, 716, 95 N.W.2d 744, 747.

If, as appears likely, the attempted appeal was taken for the purpose of delay, it has accomplished its purpose. — Appeal dismissed.

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Bluebook (online)

144 N.W.2d 401, 259 Iowa 386, 1966 Iowa Sup. LEXIS 931, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-mccune-iowa-1966.

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