TaiLexi AI U.S. Case Law

State v. McCune

State of Iowa, Appellee, v. Orley Merle McCune, Appellant

State v. McCune, 144 N.W.2d 401 (Iowa 1966)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Supreme Court of Iowa · State Highest Courts
Decided
July 14, 1966
Docket
No. 51885
Judges
Per Curiam
Citations
144 N.W.2d 401259 Iowa 3861966 Iowa Sup. LEXIS 931

Opinion — Per Curiam

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.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1969: 21970: 11974: 119692026peak 1969 · 2

Relies on it most ⓘ

  1. State v. Clayton217 N.W.2d 685 (Iowa 1974)
  2. Blanchard v. Bennett167 N.W.2d 612 (Iowa 1969)
  3. State ex rel. City of Dubuque v. McCloskey166 N.W.2d 923 (Iowa 1969)
  4. State v. Horsey176 N.W.2d 769 (Iowa 1970)

Most recent

  1. State v. Clayton217 N.W.2d 685 (Iowa 1974)
  2. State v. Horsey176 N.W.2d 769 (Iowa 1970)
  3. Blanchard v. Bennett167 N.W.2d 612 (Iowa 1969)
  4. State ex rel. City of Dubuque v. McCloskey166 N.W.2d 923 (Iowa 1969)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
State v. Addison, 95 N.W.2d 744 (Iowa 1959) 20
State v. Fees, 93 N.W.2d 103 (Iowa 1958) 11

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list