State Codes and Statutes

Statutes > Iowa > Title-1 > Subtitle-11 > Chapter-29b > 29b-46

        29B.46  PLEAS OF THE ACCUSED.
         1.  If the accused after arraignment makes an irregular pleading,
      or after a plea of guilty sets up defenses inconsistent with the
      plea, or if it appears that the accused has entered the plea of
      guilty improvidently or through lack of understanding of its meaning
      and effect, or if the accused fails or refuses to plead, a plea of
      not guilty shall be entered in the record, and the court shall
      proceed as though the accused had pleaded not guilty.
         2.  With respect to any charge or specification to which a plea of
      guilty has been made by the accused and accepted by the military
      judge, or by a court-martial without a military judge, a finding of
      guilty of the charge or specification may, if permitted by rules of
      the adjutant general be entered immediately without vote.  This
      finding shall constitute the finding of the court unless the plea of
      guilty is withdrawn prior to the announcement of the sentence, in
      which case the proceedings shall continue as though the accused had
      pleaded not guilty.  
         Section History: Early Form
         [C66, 71, 73, 75, 77, 79, 81, § 29B.46; 82 Acts, ch 1042, § 27]

State Codes and Statutes

Statutes > Iowa > Title-1 > Subtitle-11 > Chapter-29b > 29b-46

        29B.46  PLEAS OF THE ACCUSED.
         1.  If the accused after arraignment makes an irregular pleading,
      or after a plea of guilty sets up defenses inconsistent with the
      plea, or if it appears that the accused has entered the plea of
      guilty improvidently or through lack of understanding of its meaning
      and effect, or if the accused fails or refuses to plead, a plea of
      not guilty shall be entered in the record, and the court shall
      proceed as though the accused had pleaded not guilty.
         2.  With respect to any charge or specification to which a plea of
      guilty has been made by the accused and accepted by the military
      judge, or by a court-martial without a military judge, a finding of
      guilty of the charge or specification may, if permitted by rules of
      the adjutant general be entered immediately without vote.  This
      finding shall constitute the finding of the court unless the plea of
      guilty is withdrawn prior to the announcement of the sentence, in
      which case the proceedings shall continue as though the accused had
      pleaded not guilty.  
         Section History: Early Form
         [C66, 71, 73, 75, 77, 79, 81, § 29B.46; 82 Acts, ch 1042, § 27]

State Codes and Statutes

State Codes and Statutes

Statutes > Iowa > Title-1 > Subtitle-11 > Chapter-29b > 29b-46

        29B.46  PLEAS OF THE ACCUSED.
         1.  If the accused after arraignment makes an irregular pleading,
      or after a plea of guilty sets up defenses inconsistent with the
      plea, or if it appears that the accused has entered the plea of
      guilty improvidently or through lack of understanding of its meaning
      and effect, or if the accused fails or refuses to plead, a plea of
      not guilty shall be entered in the record, and the court shall
      proceed as though the accused had pleaded not guilty.
         2.  With respect to any charge or specification to which a plea of
      guilty has been made by the accused and accepted by the military
      judge, or by a court-martial without a military judge, a finding of
      guilty of the charge or specification may, if permitted by rules of
      the adjutant general be entered immediately without vote.  This
      finding shall constitute the finding of the court unless the plea of
      guilty is withdrawn prior to the announcement of the sentence, in
      which case the proceedings shall continue as though the accused had
      pleaded not guilty.  
         Section History: Early Form
         [C66, 71, 73, 75, 77, 79, 81, § 29B.46; 82 Acts, ch 1042, § 27]