Legal Opinion

State v. Allen

Supreme Court of Iowa

Decided July 28, 1871PublishedCited by 7 opinions

Appeal from, Madison Distzriot Gov/rt. Defendants were convicted and fined in tbe sum of $50 upon an indictment charging tbe offense in tbe following words: u Tbe said William C. Allen and James Allen on tbe 1st day of January, A. D. 1870, and on each day from that time until tbe finding of this indictment in tbe county of Madison aforesaid, did establish, continue and use a building and place for tbe purpose, and with tbe intent of owning, 'keeping and selling intoxicating…

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Appeal from, Madison Distzriot Gov/rt. Defendants were convicted and fined in tbe sum of $50 upon an indictment charging tbe offense in tbe following words: u Tbe said William C. Allen and James Allen on tbe 1st day of January, A. D. 1870, and on each day from that time until tbe finding of this indictment in tbe county of Madison aforesaid, did establish, continue and use a building and place for tbe purpose, and with tbe intent of owning, 'keeping and selling intoxicating liquors therein within tbe State of Iowa, contrary to law, and then and there did sell gin, rum, brandy, whisky and…

1Opinion of the CourtBeck, J.

I. The question presented for our consideration relates to the sufficiency of the indictment, defendants’ counsel insisting that it does not charge the commission of any offense under the laws of the State. The substance of the indictment is a charge that defendants did establish, continue and use a building for the pwrpose and with the intent of owning, keeping and selling therein intoxicating liquor, contrary to law, and did sell “ then and there ” intoxicating liquors. It is here alleged that defendants did use the building for the purpose of selling the prohibited liquors, and with the…

2Cited by7 opinions

  1. State v. OlanderSupreme Court of Iowa · 1922
  2. People v. MurnMichigan Supreme Court · 1922
  3. State v. ClarkSupreme Court of Iowa · 1909
  4. State v. TracySupreme Court of Iowa · 1935
  5. State v. JohnsonSouth Dakota Supreme Court · 1914

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