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State v. Light

Supreme Court of Iowa
May 22, 1974
218 N.W.2d 927 (Iowa 1974)

Opinion

No. 56335.

May 22, 1974.

APPEAL FROM JOHNSON DISTRICT COURT, ROBERT OSMUNDSON, J.

G. Gifford Morrison, Washington, for appellant.

Richard C. Turner, Atty. Gen., Stephen T. Moore, Asst. Atty. Gen. and Carl J. Goetz, County Atty., for appellee.

Heard by MOORE, C.J., and LeGRAND, REES, UHLENHOPP and McCORMICK, JJ.


Defendant attempts to appeal a trial court order overruling his demand for jury trial of a misdemeanor appeal in district court. He was convicted of speeding in violation of Code § 321.285 in justice of the peace court. When his demand for jury trial on appeal in district court was overruled, he filed notice of appeal from that ruling. The case has not been tried in district court. No final judgment has been entered there.

Interlocutory appeal is prohibited in criminal cases. "An appeal can only be taken from the final judgment, * * *." § 793.2, The Code. State v. Coughlin, 200 N.W.2d 525 (Iowa 1972), and citations. Since the court lacks jurisdiction of the attempted appeal, it must be dismissed.

Appeal dismissed.


Summaries of

State v. Light

Supreme Court of Iowa
May 22, 1974
218 N.W.2d 927 (Iowa 1974)
Case details for

State v. Light

Case Details

Full title:STATE of Iowa, Appellee, v. Kendall M. LIGHT, Appellant

Court:Supreme Court of Iowa

Date published: May 22, 1974

Citations

218 N.W.2d 927 (Iowa 1974)