State v. Certain Intoxicating Liquors
Supreme Court of Iowa
Appeal from Polh District Court. ON the 18th day of March, 1871, Isaac Brandt, a citizen and resident of Polk county, filed before Gr. B. Hammer, a justice of the peace, an information charging that ¥m. J. Harris had in store in a building described, certain intoxicating liquors with intent to sell the same in said county, contrary to the provisions of the act for the suppression of intemperance.
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Appeal from Polh District Court. ON the 18th day of March, 1871, Isaac Brandt, a citizen and resident of Polk county, filed before Gr. B. Hammer, a justice of the peace, an information charging that ¥m. J. Harris had in store in a building described, certain intoxicating liquors with intent to sell the same in said county, contrary to the provisions of the act for the suppression of intemperance. Thereupon the justice issued his warrant for the search of the premises, and the seizure of the liquors described. Hpon the seizure of the liquors ¥m. J. Harris appeared by attorney, and filed the…
1Opinion of the CourtHat, J.
The court clearly erred either in refusing to grant a change of venue, or in sustaining the motion in arrest of judgment and for new trial, for the former ruling is sustainable only upon the theory that the action is criminal, and the latter upon the theory that it is civil. Miller v. Laraway, 31 Iowa, 538; Revision, Section 4855; Code, 4490. This proceeding is instituted under Sections 1544-1547 of the Code. We entertain no doubt that, under these Sections, the proceeding is to be treated as a criminal one. Section 1546 provides that the proceeding in the trial of such case may be the same,…
2Cases cited1 opinion
- Miller v. LarawaySupreme Court of Iowa · 1871
3Cited by5 opinions
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