Legal Opinion

Estes v. Carter

Supreme Court of Iowa

Decided April 18, 1860PublishedCited by 22 opinions

Appeal from Keokuk District Court. The facts are sufficiently stated in tbe opinion. cited The United States v. Hudson $ Coodwin, 7 Orancb. 32; BrooJcer v. Coffin, 5 Jobn. 188; Burton v. Burton, 8 G. Greene 316; Abrams v. Boshee et ux., 3 Iowa 274. cited Wbart. Or. L. 81, authorities there cited; 1 Buss, on Cr. 49 ; The State v. Jessee, 1 Gill. & Jobn. 290 ; Turnpike Boad v. The People, 15 Wend. 267; Commonwealthr. Sickle, lBrightlj69; Commonwealth y.

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Appeal from Keokuk District Court. The facts are sufficiently stated in tbe opinion. cited The United States v. Hudson $ Coodwin, 7 Orancb. 32; BrooJcer v. Coffin, 5 Jobn. 188; Burton v. Burton, 8 G. Greene 316; Abrams v. Boshee et ux., 3 Iowa 274. cited Wbart. Or. L. 81, authorities there cited; 1 Buss, on Cr. 49 ; The State v. Jessee, 1 Gill. & Jobn. 290 ; Turnpike Boad v. The People, 15 Wend. 267; Commonwealthr. Sickle, lBrightlj69; Commonwealth y. Holmes, 17 Mass. 335; Commonwealth v. Morse, 2 lb. 139 ; The People v. White, 22 Wend. 167; O’Perrall y. Simplot, 4 Iowa 381; Arnold y. Cost, 3…

1Opinion of the CourtLowe, C. J.

This was an action of slander, for charging tbe plaintiff with having committed tbe crime of sodomy. No special damages being laid in tbe petition for uttering and publishing tbe slanderous words, a demurrer was filed to tbe effect, that tbe words complained of imputed no crime which was indictable under tbe criminal laws of this state, and were therefore not actionable per se. Tbe demurrer was overruled and tbe question brought up to this court for revision.

*401Sodomy, is no crime under the laws of tbis State. If it. is^otjan indictable offense at common law, in tbis State, tbe demurer was…

2Cases cited2 opinions

  1. Miller v. ChittendenSupreme Court of Iowa · 1856
  2. Young v. StateOhio Supreme Court · 1834

3Cited by22 opinions

  1. State v. Di PagliaSupreme Court of Iowa · 1955
  2. Kinnan v. StateNebraska Supreme Court · 1910
  3. State v. MooreSupreme Court of Iowa · 1868
  4. State v. WhitmarshSouth Dakota Supreme Court · 1910
  5. Barton v. StateCourt of Appeals of Georgia · 1949

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