Retire with Verdict. C. '51, 3345. livered in public. After which, they may either decide in court or retire for consideration. SEC. 4684. If they do not immediately agree, they must retire with the officer, who shall be sworn to the following effect: "You do swear that you will keep the jury together in some private and convenient place, without meat or drink, unless otherwise ordered by the court; that you will not permit any person to speak to them, nor speak to them yourself, unless it be to ask them whether they have agreed upon a verdict, and that you will return them into court when they have so agreed." SEC. 4685. When the jury have agreed upon their verdict, they must deliver it publicly to the justice, who shall enter it on his docket. SEC. 4686. The jury must be kept together after the cause is Kept together. submitted to them, until they have agreed upon and rendered their verdict, unless, for good cause, the justice sooner discharge them. R. 25081. C. '51, 3346. Discharged. C. '51, 3347. Judgment. Same. Defendant dis charged. R. 25085. C. '51, 3350, notice: justice script: papers SEC. 4687. If the jury be discharged as provided in the last section, the justice may proceed again to the trial in the same manner as upon the first trial; and so on till a verdict is rendered. SEC. 4688. When the defendant pleads guilty, or is convicted, either by the justice or by a jury, the justice shall render judg ment thereon, or fine, or imprisonment, as the case may require, being governed by the rules prescribed for the district court, as far as the same are applicable, in rendering such judgment. SEC. 4689. A judgment that the defendant direct that he be imprisoned until the fine is satisfied. For similar provision, See § 4509. pay a fine may also SEC. 4690. When the defndant is acquitted, either by the justice, or by a jury, he must be immediately discharged. SEC. 4691. When the defendant is acquitted, the justice shall, Costs: appeal if he is satisfied that the prosecution is malicious or without probable cause, tax the costs against the prosecuting witness and render judgment therefor, from which he may appeal to the district court, by there giving notice to the justice that he claims such appeal, and the fact of the giving of such notice shall be entered on his record by the justice. If notice of appeal is given as herein contemplated, the justice shall, without delay, make out, sign, and file in the case a full and true statement of all the testimony admitted on the trial, and on which he bases his finding that the prosecution was malicious or without probable cause, and shall, without delay, make out a transcript of his docket entries, and shall file it, together with the statement of the testimony as aforesaid, and all other papers on file in the case, in the clerk's office of the district court of the county. And such appeal shall stand for hearing in said court at the term thereof commencing next after said papers are .filed. And said court shall have full power to compel the correction by said justice of any error made apparent in his transcript, said statement of testimony, or in any papers returned by him, or may itself make the necessary correction therein, and may, on the papers, in case they shall be submitted to it, either affirm or reverse the judgment of the justice, or render such judgment as the justice should have ren lered in the case. Under the Rev. (which allowed the costs to the prosecuting witness, appeals by the state', held. that the district court, on appeal, might although the justice did not tax up|do sɔ under § 4702 (Rev. § 5100), and that the court might take such action As to appeal by prosecuting witness without taking further evidence than from a judgment for costs taxed that introduced on the trial, provided against him, see The State v. Roney, that was sufficient: In re Trenchard, | 57–30. 16-53. conviction. SEC. 4692. Whenever a conviction is had upon a plea of guilty, Certificate of or upon trial, the justice must make and sign with his name of R. 25087. office, a certificate of such conviction, in which it shall be suffi- C. '51, ¿ 3351. cient briefly to state the offense charged and the conviction and judgment thereon, and if any fine has been collected, the amount thereof. SEC. 4693. The judgment shall be executed by a peace officer Judgment: of the county where the conviction is had, by virtue of a warrant how executed R. 25090. under the hand of the justice specifying the particulars of such c. 31, 23354. judgment. C. '51, 3355. SEC. 4694. If a fine be imposed, and paid before commitment, Fine. it shall be received by the justice, and by him paid over to the R. 5091 county treasurer, within thirty days after the receipt thereof, for the use of the schools of the county, as provided by law. Same. C. '51 3356. SEC. 4695. If the defendant be committed for not paying a fine, he may pay it to the sheriff of the county, but to no other R. 25092. person, who must, in like manner, within thirty days after the receipt thereof, pay it into the county treasury, for the use of the schools in the county, as provided by law. SEC. 4696. If the fine, or any part thereof, is paid to the justice Same. or sheriff, he must execute duplicate receipts therefor, one of R. 35093. which he must file without delay, with the county auditor. C. '51, 3367 SEC. 4697. The justice rendering a judgment against the de- How taken. fendant, must inform him of his right to an appeal therefrom, and R. ¿ 5095. make an entry on the docket of the giving of such information, and the defendant may thereupon take an appeal, by giving notice orally to the justice, that he appeals, and the justice must make an entry on his docket of the giving of such notice. 153. The mere filing of an appeal bond | State, 1-507; The State v. Flinn, 51– does not effect an appeal; it must be taken by giving notice as here provided, and if not so taken the case may be stricken from the docket of the district court: The State v. Leyden, 13-433. The provisions of this ection are applicable to tria's before a mayor for a vio ation of a city ordinance (§ 506): The State v. Hoag, 46-337. Rev. § 5094, which allowed an appeal by the state, was held unconstitutional, so far as it authorized a retrial, in the district court, of a defendant acquitted before a justice having jurisd ction of the offense: The State There is no provision allowing a defendant in a criminal action to secure a review of errors of law only; $$ 3597 et seq. do not apply in criminal cases; appeal is the only remedy: Part of Lot, etc., v. The v. Van Horton, 26-402. Bail: form of SEC. 4698. The justice must thereupon enter an order on his docket, fixing the amount in which bail may be given by the de- bond. fendant, and the execution of the judgment against the defend- & ant shall not be stayed, unless bail in that amount be put in, by an undertaking substantially in the following form: County of...... A. B. having been convicted before C. D., a justice of the peace of said county, of the crime of (here designate it generally as in the information), by a judgment rendered on the...... day C. '51, 3359. R. 25097. of. We, A. B. and E. F., (or I., E. F.) or (we, E. F. and G. H.,) hereby undertake that the said A. B. will appear in the district court of said county, at the term thereof to which the appeal is returnable, and abide the judgment of said court, and not depart without leave of the same, or that we, (or I, as the case may be) will pay to the state of Iowa the sum of ....dollars, (the amount of bail fixed.) A. B. E. F. (As the case may be.) Acknowledged before, and accepted by me, at ...., in the township of ......, this day of...., 18—. .... C. D., Justice of the Peace. This bond provides only for appear- | him on appeal: The State v. Beneke, ance of defendant, and not that he 9-203. will pay the amount adjudged against SEC. 4699. The bail must possess the qualifications, must jusQualifications. tify, and must be taken in the same manner prescribed in chapter thirty-eight of this title, and the same proceedings had in all respects, as nearly as applicable, except as in this chapter otherwise provided. By whom taken. R. 25098. over. R. 5099. C. '51, § 3360. SEC. 4700. The bail may be taken by the justice who rendered the judgment, or by any magistrate in the county who has authority to admit to bail, or by the district court or the clerk thereof. SEC. 4701. When an appeal is taken, the justice must cause Witness bound all material witnesses to enter into an undertaking, as in a case where a defendant is held to answer on a preliminary examination, to appear and testify on the trial of the appeal in the district court, at the term at which it is returnable, and shall, as soon as practicable, and at least ten days before the first day of such term of the district court of the county, file in the office of the clerk thereof a certified copy of the entries on his docket, together with all the undertakings and papers in the case. Trial when appealed. R. 5100. TRIAL IN DISTRICT court. SEC. 4702. The cause, when thus appealed, shall stand for trial anew in the district court, in the same manner that it should have been tried before the justice, and as nearly as practicable as C. 51, 3361-4. an issue of fact upon an indictment, without regard to technical errors or defects which have not prejudiced the substantial rights of either party; and the court has full power over the case, the justice of the peace, his docket entries, and his return, to administer the justice of the case according to the law, and shall give judgment accordingly. An appeal waives any irregularities | plea, may, on appeal, withdraw his in the proceedings before the justice: plea in the district court, as provided The State v. McCombs, 13-426. in $4362: The State v. Kraft, 10-330. A defendant pleading guilty before the justice and sentenced upon such An appeal brings up the case on the merits. There is no way in which defendant may secure a review of er venue. It must be tried in the dis rors of law: The State v. Flinn, 51-trict court: The City of Ottumwa v. 133; nor can the case be remanded Schaub, 51-572. with directions to grant a change of SEC. 4703. No appeal from the judgment of a justice of the Appeal not peace in a criminal case shall be dismissed. If no plea was entered of record by district court: The State v. McCombs, the justice, it may be entered by the 13-426. disinissed. R, 25101. SEC. 4704. If any proceedings be necessary to carry the judg- District court. ment upon the appeal into effect, they shall be had in the district court. R. ¿5102. R. 5103. SEC. 4705. Either party may appeal from the judgment of the Either party district court, to the supreme court, in the same manner as from a may appeal. judgment in a prosecution by indictment, and the defendant may C. 51, 3366. be admitted to bail in like manner, and similar proceedings shall be had on the appeal in all respects, as nearly as applicable. SEC. 4706. The same proceedings shall be had to carry into Judgment effect the judgment of the supreme court upon the appeal, as if it upon appeal. had been taken from a judgment prosecuted by indictment. R. 5101. C. '51, 23367. CHAPTER 53. OF PROCEEDINGS BEFORE POLICE AND CITY COURTS IN INCORPO- police courts. SECTION 4707. The proceedings in police and city courts in in- Proceedings in corporated cities and towns, in criminal cases within their jurisdic- R. ¿5105. tion, shall be regulated by the provisions of this code, when not otherwise regulated by law. This section does not give a defend- | right to a change of venue: Zelle v. ant on trial in the police court, for McHenry, 51-572. violation of a city ordinance, the CHAPTER 54. OF COMPROMISING CERTAIN OFFENSES BY LEAVE OF THE COurt. compromised. SECTION 4708. When a defendant is prosecuted in a criminal Offense may be action for a misdemeanor, for which the person injured by the act exceptions. constituting the offense has a remedy by a civil action, the offense R. 25106. may be compromised as provided in the next section, except when it was committed: 1. By or upon an officer while in the execution of the duties of his office; 2. Riotously; or, Same: court may stay pro- Order: bar. R. 25108. Public offense not compro- 3. With an intent to commit a felony. SEC. 4709. If the party injured in such a case, appear before the court to which the papers on a preliminary examination are required to be returned, at any time before trial, on an indictment for the offense, or the trial of an appeal in the district court, and acknowledge in writing that he has received satisfaction for the injury, the court may, in its discretion, on payment of the costs incurred, order all proceedings to be stayed upon the prosecution, and the defendant to be discharged therefrom. But in that case the reasons for the order must be set forth therein, and entered upon the minutes. SEC. 4710. The order authorized by the last section is a bar to another prosecution for the same offense. SEC. 4711. No public offense can be compromised, nor can any proceedings for the prosecution or punishment thereof, upon a compromise, be stayed, except as provided in this chapter. remit fines and forfeitures. R. 25116. C. 51, 3278. CHAPTER 55. OF PARDONS AND THE REMISSION OF FINES AND FORFEITURES. proper. SECTION 4712. The governor shall have power to remit fines Governor may and forfeitures upon such conditions and with such restrictions and limitations as he may think After conviction of murder in the first degree no pardon shall be granted by the governor 11 G. A. ch. 136, until he shall have presented the matter to, and obtained the advice of, the general assembly thereon. Before presenting the matter to the general assembly for their action, he shall cause a notice containing the reasons assigned for granting the pardon to be published in two newspapers of general circulation, one of which shall be published at the capital and the other in the county where the conviction was had, and if there be no such paper in such county, then in some adjoining county, for four successive weeks, the last publication to be at least twenty days prior to the commencement of the session of the general assembly to which the matter shall be presented. No pardon for murder in the without advice first degree of general assembly. Notice published. A pardon does not operate to discharge the convict from the payment of costs adjudged against him on his trial: Estep v. Lacy, 35-419. The governor may grant a pardon upon conditions; and where one condition was that he might revoke it upon such showing as he might deem sufficient, held, that the person pardoned could not claim a judicial investigation as to whether he had violated the condition: Arthur v. Craig, 48-264. As to power of governor to pardon, see Const., art. 4, § 16. SEC. 4713. When an application is made to the governor for a Application for pardon, reprieve, or commutation, or for the remission of a fine or pardon. R. 25120. forfeiture, he may require the judge of the court, or the district attorney, or attorney general, by whom the action was prosecuted, or the clerk of such court, to furnish him without delay a copy of the minutes of the evidence taken on the trial, and of any other 14 G. A. ch. 96. |
