State v. Beneke
Supreme Court of Iowa
Appeal from, Lee District Court. An information was filed before a justice of tbe peace, against the defendant, for the sale of intoxicating liquors, on 22d of December, 1858, in violation of tbe laws for tbe suppression of intemperance.
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Appeal from, Lee District Court. An information was filed before a justice of tbe peace, against the defendant, for the sale of intoxicating liquors, on 22d of December, 1858, in violation of tbe laws for tbe suppression of intemperance. Act of January 22, 1855, (Acts 1855, 58,) and act of January 28, 1857, (Acts 1857, 231.) Before the justice, the defendant was found guilty, and he appealed to the District Court, where he was again convicted, and a fine of twenty dollars imposed upon him, from which judgment he appeals. The facts and errors assigned, are sufficiently shown in the opinion.
1Opinion of the CourtWoodward, J.
We are under tbe necessity of noticing the errors assigned in a brief manner only. But tbe subject matter of some of them, has.received consideration in other causes.
The first is, that the court erred in overruling the defendant’s motion to quash the information. The grounds upon which this motion was based, were the following:
Mrst, That the statute under which the information is prosecuted, is unconstitutional and void, because its taking effect depended upon a vote of the people. This subject was discussed in the case' of Santo v. The State, 2 Iowa, 165, in which there was a dissenting…
2Cases cited2 opinions
- Santo v. StateSupreme Court of Iowa · 1855
- Green v. McFaddin, Sells & Co.Supreme Court of Iowa · 1858
3Cited by31 opinions
- De Graff v. StateCourt of Criminal Appeals of Oklahoma · 1909
- Alford v. State ex rel. Attorney GeneralSupreme Court of Alabama · 1910
- Weight v. CunninghamTennessee Supreme Court · 1905
- Ex parte WallCalifornia Supreme Court · 1874
- Ogden v. City of MadisonWisconsin Supreme Court · 1901
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