Clare v. State
Supreme Court of Iowa
Appeal from, the Clark District Court. The defendant was indicted for selling intoxicating liquors, viz: whisky, at his residence in the county of Clark, on the tenth day of April, A. D. 1857, to one Edward Harrison, contrary to Irw. The defendant demurred to the indictment, which was overruled. The defendant having been convicted, filed a motion in arrest of judgment, which was also overruled.
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Appeal from, the Clark District Court. The defendant was indicted for selling intoxicating liquors, viz: whisky, at his residence in the county of Clark, on the tenth day of April, A. D. 1857, to one Edward Harrison, contrary to Irw. The defendant demurred to the indictment, which was overruled. The defendant having been convicted, filed a motion in arrest of judgment, which was also overruled. The grounds of the demurrer and motion in arrest, are sufficiently stated in the opinion of the court.
1Opinion of the CourtWoodward, J.
Tbe principal question of tbe cause arises in this wise: the defendant demurred to the indictment, for that it did not describe an offence under the statute. The sixth section of the prohibitory act of January 22, 1855, (session laws 1855, 61), is that which contains the general prohibition. The amendment of the act, January 28, 1857, as published in the volume of session laws of 1856-7, 231, in section one, repeals the sixth, and not the sixteenth, section of the act of January, 1855. But on looking to the original, in the office of the secretary of state, it is found to repeal the…
2Cited by13 opinions
- Koehler & Lange v. HillSupreme Court of Iowa · 1883
- State ex rel. Reed v. JonesWashington Supreme Court · 1893
- Haaren v. MouldSupreme Court of Iowa · 1909
- Bowen v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1893
- State ex rel. Huff v. McLellandNebraska Supreme Court · 1885
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