palani
22nd September 2015, 04:16 AM
https://www.legis.iowa.gov/docs/ACO/CourtRulesChapter/05-29-2015.2.pdf
Rule 2.11 Motions and pleadings.
2.11(1) Pleadings and motions. Pleadings in criminal proceedings shall be the indictment and the information, and the pleas entered pursuant to rule 2.8. Demurrers, motions to quash, and motions to set aside are abolished, and defenses and objections raised before trial which heretofore could have been raised under them shall be raised by motion to dismiss, or a motion to grant appropriate relief, as the case may be.
Bouvier: ABOLITION. .... The term abolition is derived from the civil law, in which it is sometimes used synonymously with absolution.
Bouvier: ABSOLUTION. A definite sentence whereby a man accused of any crime is acquitted.
So here you have a documented case where a CIVIL LAW term has been used to alter a really key COMMON LAW procedure. Yet if absolution is synonymous with abolition wouldn't it seem that the case AT LAW is dead when the demurrer is refused?
Just a thought. Demur as you would at law and when the demurrer is refused bring up RULE 2.11 and thank them profusely for having the foresight to acquit you beforehand. Where did your agents ever get the notion that you would like to have anything to do with Roman civil law?
Rule 2.11 Motions and pleadings.
2.11(1) Pleadings and motions. Pleadings in criminal proceedings shall be the indictment and the information, and the pleas entered pursuant to rule 2.8. Demurrers, motions to quash, and motions to set aside are abolished, and defenses and objections raised before trial which heretofore could have been raised under them shall be raised by motion to dismiss, or a motion to grant appropriate relief, as the case may be.
Bouvier: ABOLITION. .... The term abolition is derived from the civil law, in which it is sometimes used synonymously with absolution.
Bouvier: ABSOLUTION. A definite sentence whereby a man accused of any crime is acquitted.
So here you have a documented case where a CIVIL LAW term has been used to alter a really key COMMON LAW procedure. Yet if absolution is synonymous with abolition wouldn't it seem that the case AT LAW is dead when the demurrer is refused?
Just a thought. Demur as you would at law and when the demurrer is refused bring up RULE 2.11 and thank them profusely for having the foresight to acquit you beforehand. Where did your agents ever get the notion that you would like to have anything to do with Roman civil law?