Legal Opinion

State v. Kreig

Supreme Court of Iowa

Decided June 23, 1862PublishedCited by 3 opinions

Appeal from Des Moines District Court. Defendant was indicted for causing and continuing a public nuisance; for that he did, on the 1st of January, A. D. 1860, and afterwards, in the County of Des Moines, establish, continue and use “ a certain building and place, " in which he kept and sold intoxicating liquors, to wit: whiskey, &c., to the common nuisance, &c.

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Appeal from Des Moines District Court. Defendant was indicted for causing and continuing a public nuisance; for that he did, on the 1st of January, A. D. 1860, and afterwards, in the County of Des Moines, establish, continue and use “ a certain building and place, " in which he kept and sold intoxicating liquors, to wit: whiskey, &c., to the common nuisance, &c. A demurrer was interposed, upon the ground (as far as now insisted upon), that the indictment did not sufficiently describe or designate the place or building in or by which the crime was committed. Demurrer overruled, defendant was…

1Opinion of the CourtWright, J.

The demurrer was properly overruled. The indictment was against the individual, and not the *463house or building. State v. Crogan, 8 Iowa, 523. We find no precedent, either in the text books or cases, requiring a more 'definite description. 3 Chitty’s Cr. Law, 672, et seq. The King v. Taylor, 3 B. & C., 502; 2 Hill, 558. Our statute does not require it.

2Cases cited1 opinion

  1. State v. CroganSupreme Court of Iowa · 1859

3Cited by3 opinions

  1. State v. WaltzSupreme Court of Iowa · 1888
  2. State v. SchillingSupreme Court of Iowa · 1863
  3. State v. ThoemkeNorth Dakota Supreme Court · 1903

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