Legal Opinion

State v. Guisenhause

Supreme Court of Iowa

Decided April 10, 1866PublishedCited by 8 opinions

Appeal from, Muscatine District Court. Practice in criminal cases: liquor law, &g. — Tbe defendants were indicted under section 1564 of tbe Revision for using a building for the purpose of selling, and keeping with intent to sell, intoxicating liquors therein contrary to law. Defendants’ motion to set aside the indictment, for reasons stated in the opinion, was overruled, and the defendants excepted.

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Appeal from, Muscatine District Court. Practice in criminal cases: liquor law, &g. — Tbe defendants were indicted under section 1564 of tbe Revision for using a building for the purpose of selling, and keeping with intent to sell, intoxicating liquors therein contrary to law. Defendants’ motion to set aside the indictment, for reasons stated in the opinion, was overruled, and the defendants excepted. Their prayer for certain instructions was refused, to which action, as well as to the court’s charge, they also excepted. They were convicted and now appeal.

1Opinion of the CourtDillon, J.

í pbacfuing’of papers' I. A motion was made by the defendants to set aside the indictment, because the requirement of sec-ti°n 4647 of the Revision, with respect to the indorsement of the names of the witnesses and return of the minutes of evidence before the grand jury, were not complied with. This motion was based upon sections 4691 and 4692 of the. Revision.

It appears, from the bill of exceptions, that several sheets of paper, purporting to be the minutes of the evidence taken before the grand jury in this and several other cases of nuisance, were handed to the clerk by the jury at the…

2Cases cited1 opinion

  1. State v. PostlewaitSupreme Court of Iowa · 1863

3Cited by8 opinions

  1. State v. BriggsSupreme Court of Iowa · 1886
  2. State v. SmithSupreme Court of Iowa · 1979
  3. State v. CraigSupreme Court of Iowa · 1889
  4. Town of Lovilia v. CobbSupreme Court of Iowa · 1905
  5. Small v. WakefieldSupreme Court of Iowa · 1892

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