CITY OF DES MOINES v. PUTZIER

No. 60951.

264 N.W.2d 733 (1978)

CITY OF DES MOINES, Iowa, Appellee, v. Kevin Ray PUTZIER, Appellant.

Supreme Court of Iowa.

April 19, 1978.


Attorney(s) appearing for the Case

Joseph L. Marks, of Marks, Flagg, Hockett & Marks, Des Moines, for appellant.

Philip T. Riley, City Atty. and Tela L. Weber, Asst. City Atty., for appellee.

Considered by MOORE, C. J., and RAWLINGS, LeGRAND, REES and HARRIS, JJ.


HARRIS, Justice.

The question is whether a defendant appealing a magistrate jury conviction to district court under § 762.43, The Code, is entitled to another jury when he stands for "trial anew." Defendant's request for a jury was denied by the trial court. We reverse the trial court and remand for a jury trial.

Kevin Ray Putzier (defendant) was charged with speeding in violation of a Des Moines city ordinance. When the case came on for trial in magistrate...

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