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State v. Shilling

The State of Iowa v. Shilling

State v. Shilling, 10 Iowa 106 (1859)
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Court
Supreme Court of Iowa · State Highest Courts
Decided
December 6, 1859
Judges
Wright
Citations
10 Iowa 106
Headnotes
1. WmiDEAWN counts. The defendant can not, on the trial of a criminal action in the District Court, on appeal from the judgment of a justice, be tried and convicted on counts in the information which were withdrawn in the trial below.
Summary
Appeal from Washington District' Court. INFORMATION containing three counts, filed before a justice of the peace, charging the defendant with selling intoxicating liquors. Before, the justice, the first and second counts were withdrawn by the State, and defendant was tried and convicted under the third. On appeal to the District Court he was found guilty on the first and second counts, and from this conviction appeals.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Wright

Text extracted by OCR from a scanned original; check the original for exact wording.

Wright, C. J.

This conviction was clearly irregular and unwarranted. The right of the State to again indict or file a second information for the offenses specified in the first and second counts, is not denied after entering a nolle prosequi as to them. But there is no principal justifying the trial of the defendant upon these counts after their withdrawal in the same proceeding, or on the same information. For this proceeding these counts ceased to have any vitality, *107 any legal existence, and to try tbe defendant upon them, was to try him as it were without an indictment or information.

Judgment reversed.

How later courts describe this case

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

1884–1885: 11890–1891: 11936–1937: 118842026peak 1884 · 1

Relies on it most ⓘ

  1. Woodworth v. Mills20 N.W. 728 (Wis. 1884)
  2. State v. Veterans of Foreign Wars, Post 1856274 N.W. 916 (Iowa 1937)
  3. Commonwealth v. McClusky25 N.E. 72 (Mass. 1890)

Most recent

  1. State v. Veterans of Foreign Wars, Post 1856274 N.W. 916 (Iowa 1937)
  2. Commonwealth v. McClusky25 N.E. 72 (Mass. 1890)
  3. Woodworth v. Mills20 N.W. 728 (Wis. 1884)

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.

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