State v. Gurlock
Supreme Court of Iowa
Appeal from Wapello District Court. The caption of the indictment in this case is as follows: “District Court of the County of Wapello. STATE OF IOWA 1 vs. WM. GURLOCK. ¡ Indictment for the crime of i-Nuisance for selling intoxicating ¡ iiqUOXS in violation of law.
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Appeal from Wapello District Court. The caption of the indictment in this case is as follows: “District Court of the County of Wapello. STATE OF IOWA 1 vs. WM. GURLOCK. ¡ Indictment for the crime of i-Nuisance for selling intoxicating ¡ iiqUOXS in violation of law. “ The Grand Jury of the county of Wapello, in the name and by the authority of the State of Sowa, accuse,” &c., and alleges that the place kept for the sale of liquors was in the town of Ottumwa, Wapello County, Iowa. A demurrer was interposed, which, as far as now presented in argument, raised two questions: 1st. That the Grand…
1Opinion of the CourtWright, J.
If the words “In the name and by tbe authority of tbe State,” &c., bad been entirely omitted, we do not understand tbat tbe indictment would bave been defective. It certainly would not upon tbe authority of Wrockledge v. The State, 1 Iowa, 167; Baurose v. Same, Id., 379. Tbe phrase in the Constitution (§ 8, Art. 5), “The State of Iowa ” constitutes tbe authoritative name of tbe State. It is in this name tbat all prosecutions must be conducted. And tbat tbe error in tbe name of tbe State or tbe spelling of tbe name of tbe county will not, under the circumstances, vitiate, ■ see clause 5, §…
2Cases cited2 opinions
- Wrocklege v. StateSupreme Court of Iowa · 1855
- Hintermeister v. StateSupreme Court of Iowa · 1855
3Cited by2 opinions
- State v. BrooksSupreme Court of Iowa · 1892
- McKay v. StateNebraska Supreme Court · 1912