Devine v. State
Supreme Court of Iowa
Error to the Benton District Court. Information before a justice of the peace, ebarging the defendant with having sold intoxicating liquors to divers persons therein named. A motion was made to quash the warrant of arrest, and a demurrer filed to said information, both of which were overruled. Trial by jury, verdict of guilty, judgment thereon, and defendant appealed. In the District Court the judgment of the justice was affirmed, and defendant prosecutes this writ of error.
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Error to the Benton District Court. Information before a justice of the peace, ebarging the defendant with having sold intoxicating liquors to divers persons therein named. A motion was made to quash the warrant of arrest, and a demurrer filed to said information, both of which were overruled. Trial by jury, verdict of guilty, judgment thereon, and defendant appealed. In the District Court the judgment of the justice was affirmed, and defendant prosecutes this writ of error. For the facts in the case, see the opinion of the court.
1Opinion of the CourtWeight, C. J.
The plaintiff in error, claims that the District Court should have reversed the judgment of the justice for the various errors assigned in his affidavit for appeal, and upon the case made by the return of the justice and the entire record. We therefore direct our attention to said affidavit, and so much of the proceedings before the justice as bear upon the question raised. And first, it is urged that the justice erred in overruling the motion to quash the warrant of arrest. So far, we are unable to see any ground whatever for this objection, so far as it relates to the warrant itself. It…
2Cases cited1 opinion
- Allen v. BodineNew York Supreme Court · 1849
3Cited by2 opinions
- State v. ReidSupreme Court of Iowa · 1866
- State v. McKinleySupreme Court of Iowa · 1891