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State v. McCune

Supreme Court of Iowa
Jul 14, 1966
144 N.W.2d 401 (Iowa 1966)

Opinion

No. 51885.

July 14, 1966.

CRIMINAL LAW: Notice of appeal — failure to comply with statute — supreme court without jurisdiction. Where defendant's notice of appeal from conviction for operating a motor vehicle while intoxicated was addressed only to the clerk and the transcript reveals no notice of appeal addressed to or served on the State or its attorneys and filed with the clerk with evidence of service endorsed thereon, the supreme court had no jurisdiction of the attempted appeal. Section 793.4, Code of 1962.

Appeal from Linn District Court — WARREN J. REES, Judge.

Ted V. Ruffin and R. Fred Dumbaugh, both of Cedar Rapids, for appellant.

Lawrence F. Scalise, Attorney General, and Don R. Bennett, Assistant Attorney General, for appellee.


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 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.


Summaries of

State v. McCune

Supreme Court of Iowa
Jul 14, 1966
144 N.W.2d 401 (Iowa 1966)
Case details for

State v. McCune

Case Details

Full title:STATE OF IOWA, appellee, v. ORLEY MERLE McCUNE, appellant

Court:Supreme Court of Iowa

Date published: Jul 14, 1966

Citations

144 N.W.2d 401 (Iowa 1966)
144 N.W.2d 401

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