State v. Webb
Supreme Court of Iowa
Appeal from Jasper District Court. Nuisance. — Indictment under section 4411 of the Bevisión, charging the defendant with keeping a disorderly house in which quarreling, fighting, drunkenness and breaches of the peace were carried on to the disturbance of others and the common nuisance of the people of the State. -. Defendant was convicted, and assigns for error the instructions given to the jury.
1Opinion of the Court
Dillon, Ch. J.
The court instructed the jury as follows : “ 4. If you believe from the evidence that the quarreling, drunkenness, fighting or breaches of the peace, were not in the house, but on the street or sidewalk, and men congregated there accidently, and the disturbance arose, not from the character of the house kept by the defendant, but in consequence of men getting drunk elsewhere and who came accidently about his house to fight out their drunken brawls without being attracted there by the character of this house,- — then your verdict should be not guilty. But if you find that the…
2Cases cited1 opinion
- Cable v. StateIndiana Supreme Court · 1847
3Cited by2 opinions
- State v. PierceSupreme Court of Iowa · 1884
- State v. KoettgenSupreme Court of New Jersey · 1915