Legal Opinion

State v. Dean

Supreme Court of Iowa

Decided December 5, 1876PublishedCited by 7 opinions

Appeal from Clarice District Cowrt. An indictment was presented against the defendants as follows: “The grand jury of the county of Clarke, in the name and by the authority of the State of Iowa, accuse Dick Dean and John Nealy of the crime of keeping a nuisance, committed as follows: The said Dick Dean and John Nealy, on the 14th day of January, in the year of our Lord 1815, in the county aforesaid, did unlawfully keep, own, control, continue, establish and manage a building…

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Appeal from Clarice District Cowrt. An indictment was presented against the defendants as follows: “The grand jury of the county of Clarke, in the name and by the authority of the State of Iowa, accuse Dick Dean and John Nealy of the crime of keeping a nuisance, committed as follows: The said Dick Dean and John Nealy, on the 14th day of January, in the year of our Lord 1815, in the county aforesaid, did unlawfully keep, own, control, continue, establish and manage a building for the purpose and intent of keeping and selling therein, in the State of Iowa, intoxicating liquors in violation of…

1Opinion of the CourtDay, J.

i. criminal ment: intoxiuoí-s!'6 lul We think the court erred in sustaining the demurrer. The defendants are accused of the crime of keeping a nuisance. This is the offense charged, and as to that the indictment is direct and certain as required by section 4298. What follows relates to the particular circumstances of the offense charged. The defendants committed the crime of nuisance by continuing and controlling a building for the purpose of selling intoxicating liquors therein in violation of law, and by selling in said building intoxicating liquors in violation of law, and permitting…

2Cases cited1 opinion

  1. State v. McGrewSupreme Court of Iowa · 1860

3Cited by7 opinions

  1. Ackley v. United StatesCourt of Appeals for the Eighth Circuit · 1912
  2. Wolpa v. United StatesCourt of Appeals for the Eighth Circuit · 1936
  3. Poffenbarger v. United StatesCourt of Appeals for the Eighth Circuit · 1927
  4. State v. PhippsSupreme Court of Iowa · 1895
  5. State v. SchulerSupreme Court of Iowa · 1899

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