22 Iowa 140 | Iowa | 1867
Even though the plea should not be withdrawn in the District Court before judgment (§ 4T1T), inquiry can still be made into the circumstances to settle and fix the amount of the fine or punishment. State v. Rollet, 6 Iowa, 535. And we have the less hesitation in applying these rules to this case, from the fact that the plea and judgment were entered in the absence of the prosecutor, and before the day fixed for trial. State v. Green & Mann, 16 Iowa, 239.
To entitle the State to appeal, it is not necessary to show prejudice any more than it is for the defendant in the exercise of the same right. If it does not appear on the hearing, the judgment appealed from should not be disturbed; but this has nothing to do with the right of appeal in the first instance. The cause came up for trial de novo, and the doctrine to which counsel refer has application to proceedings in. courts for the correction of errors.
There is nothing affirmed in conflict with the statute in question. If the Constitution had declared that the State might have this class of cases reviewed by writ of error or certiorari, there might have been some ground for appellees’ argument, that an appeal could not be authorized. Such a case woixld come more nearly within the rule stated, but it has no application, in view of well-settled rules of construction, to the enactment in question. As to these rules, see McCormick v. Rusch, 15 Iowa, 127; Morrison v. Springer, Id., 304; Duncombe v. Prindle, 12 Id., 1.
The order striking the cause from the docket is
Beversed.