Legal Opinion · Concurrence

State v. Hyduck

Supreme Court of Iowa

Decided June 23, 1930No. 40326Published

1ConcurrenceDe Graff, J.

(concurring specially). — I concur with the majority of this court that the judgment entered in this cause should be reversed, but I prefer to base a reversal upon the brief point made by the appellant in his brief and argument to its full extent.

The primary brief point presented and argued by appellant is that the indictment returned by the grand jury of Monroe County, Iowa, against the defendant is void, in that said indictment does not charge the defendant with the crime of liquor nuisance, and, this being true, the court, upon application of the county attorney, erred in entering an order…

2Cases cited14 opinions

  1. Ex Parte BainSupreme Court of the United States · 1887
  2. Proctor v. StateCourt of Criminal Appeals of Oklahoma · 1918
  3. Commonwealth v. CooperMassachusetts Supreme Judicial Court · 1928
  4. State v. MullenSupreme Court of Iowa · 1911
  5. State v. ThompsonSupreme Court of Iowa · 1907

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