Miller v. State

Decided July 1, 1857

Supreme Court of Iowa · decided 1857-07-01

This was a complaint entered before a justice of tbe peace, against the defendant, for an assault and battery. The defendant filed a proper affidavit for change of venue, which was refused, upon the ground that the act of 1858, (stat. 1858, 94), does not apply to criminal cases. The tlial proceeded before the justice, and the defendant was convicted. He filed an affidavit of facts, and appealed. In the District Court, the judgment of the justice was affirmed.

Decided 1857-07-01

Woodward, J.

¶1We think the District Court erred in holding that the act of January 24, 1853, allowing a change of venue before a justice, did not apply to criminal cases. The Code did not allow such change of venue, and this act was designed to remedy the supposed evil. It must apply to criminal as well as civil causes.

¶2The District Court should have granted the defendant a trial in that court, on his affidavit for appeal. This is sufficient, unless controverted by the return of the justice, which is not the case in this instance. State v. Carretson, ante. In this there was error, and the judgment is reversed.