State v. King
Supreme Court of Iowa
Appeal from Jasper Eisi/riet Court. Wednesday, December 3. Dependant was prosecuted before the mayor of Newton for selling beer in violation of an ordinance of that town, and, upon an appeal to the district court, after a demurrer to the information was overruled and a plea of “ not guilty ” entered, was convicted and fined in the sum of $50. He now appeals to this court. The facts of the case appear in the opinion.
1Opinion of the Court
Beck, Ch. J.
The questions raised on this appeal will be considered in the order we find them presented in the arguments of counsel.
l. rtaTi'TTT'TAT. I. The information charges that the defendant “ did, unlawfully, sell beer to persons unknown.” Under the ordinance, each separate act of unlawful selling is an offense. It is insisted that as defendant is charged with selling to more than one person, there' is alleged more than one sale, and the information is bad for duplicity, setting out several offenses in one count. But the ready reply to this is that such is not the purport of the language…
2Cases cited10 opinions
- Ex parte PritzSupreme Court of Iowa · 1859
- State v. GroomeSupreme Court of Iowa · 1860
- State v. BinderSupreme Court of Missouri · 1866
- City of Davenport v. BirdSupreme Court of Iowa · 1872
- State v. KnightSupreme Court of Iowa · 1865
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3Cited by15 opinions
- Eckerson v. City of Des MoinesSupreme Court of Iowa · 1908
- State ex rel. West v. City of Des MoinesSupreme Court of Iowa · 1896
- Ross v. Board of SupervisorsSupreme Court of Iowa · 1905
- Green v. City of CascadeSupreme Court of Iowa · 1975
- State ex rel. Witter v. ForknerSupreme Court of Iowa · 1895
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