State v. O'Neil
Supreme Court of Iowa
Appeal from Wayne District Court. — Hon. H. M. Towner, Judge.- Defendant was accused before a justice of the peace of the crime of soliciting, taking, and accepting orders for the purchase, sale, and shipment of intoxicating liquors. The case was tried on an agreed statement of facts, and resulted in defendant’s conviction. He thereupon appealed to the district court, where the defendant filed a motion for judgment upon the agreed facts.
Read the full summary
Appeal from Wayne District Court. — Hon. H. M. Towner, Judge.- Defendant was accused before a justice of the peace of the crime of soliciting, taking, and accepting orders for the purchase, sale, and shipment of intoxicating liquors. The case was tried on an agreed statement of facts, and resulted in defendant’s conviction. He thereupon appealed to the district court, where the defendant filed a motion for judgment upon the agreed facts. This motion was overruled, and defendant,' pleading guilty after the overruling of his motion, was again convicted for the offense charged. He then appealed…
1ConcurrenceWeaver, J.
(concurring) . — If the majority had announced the conclusion that under our peculiar system of government it is an implied term or condition in every statute defining crime that its penalties are not to be enforced for an act done after an authoritative judicial decision declaring the enactment unconstitutional and before a later decision by which the former is overruled and the validity of such law judicially affirmed, I should not burden the record with any expression of my individual views. The authority of a court to say that a statute is not applicable to every case apparently included…
2Cases cited25 opinions
- Church of the Holy Trinity v. United StatesSupreme Court of the United States · 1892
- United States v. KirbySupreme Court of the United States · 1869
- United States v. PalmerSupreme Court of the United States · 1818
- Pervear v. CommonwealthSupreme Court of the United States · 1867
- State v. RodmanSupreme Court of Minnesota · 1894
20 more not listed; retrieve them via the Exa API.