Legal Opinion

State v. Bernstein

Supreme Court of Iowa

Decided October 8, 1896PublishedCited by 10 opinions

Appeal from Marshall District Court. — Hon. B. P. Birdsall, Judge. The defendants, Adolph Bernstein and Charles Bernstein, were convicted of the crime of nuisance, committed by maintaining a place in which they kept for sale, and sold, in violation of the law, intoxicating liquors. Prom a judgment, which required each of them to pay a fine of three hundred and fifty dollars and costs, .they appeal.

1Opinion of the CourtRobinson, J.

*71 *6I. Several witnesses .who were examined before the grand jury, and whose names were indorsed on the indictment, were permitted to testify in regard to occurrences which were not mentioned in the minutes of their testimony, which were returned with the indictment, and of that the appellants complain. It is not disputed that they kept for sale and sold intoxicating liquors within the time covered by the indictment, but they claim that what they did was authorized by proceedings had by virtue of chapter 62 of the Acts of the Twenty-fifth General Assembly. The proof tends to show that they were…

2Cases cited5 opinions

  1. State v. OstranderSupreme Court of Iowa · 1865
  2. State v. BowersSupreme Court of Iowa · 1864
  3. State v. HarlanSupreme Court of Iowa · 1896
  4. State v. HoustonSupreme Court of Iowa · 1879
  5. State v. McCoySupreme Court of Iowa · 1866

3Cited by10 opinions

  1. Orscheln v. ScottCourt of Appeals of Kansas · 1901
  2. First National Bank v. CaseySupreme Court of Iowa · 1912
  3. Bell v. BearmanSupreme Court of Oklahoma · 1913
  4. State v. WestSupreme Court of Iowa · 1923
  5. State v. MathewsSupreme Court of Iowa · 1906

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