Humphrey v. Hollowell

The-plaintiff had been duly convicted in the district'court of Polk County of the crime of obtaining property by false pretenses, in violation of Section 13045 of the Code of 1924. The contention in his behalf was, and is, that the facts charged in the indictment disclosed a violation only of Section 13047, and that such' offense was a misdemeanor only, and not triable by indictment. Reliance is had upon oúr holding in State v. Marshall, 202 Iowa 954, the contention being that the holding of the district court is pursuant' to our holding in the cited case.

The question, therefore, is whether…