Legal Opinion

State v. Doe

Supreme Court of Iowa

Decided April 22, 1879PublishedCited by 7 opinions

Appeal from Allamakee District Court. On the 30th day of October, 1877, there was filed in the office of J. W. Pennington, a justice of the peace, an information in these words: “State of Iowa, Allamakee County, )• 5 State of Iowa, JohJ Doe. 1 $ pn jugj¿ce>g (]our^ before J. W. Pen-R “The defendant is accused .of the crime of peddling dry goods, shoe-laces, notions of various kinds, in the county aforesaid, without license.

Read the full summary

Appeal from Allamakee District Court. On the 30th day of October, 1877, there was filed in the office of J. W. Pennington, a justice of the peace, an information in these words: “State of Iowa, Allamakee County, )• 5 State of Iowa, JohJ Doe. 1 $ pn jugj¿ce>g (]our^ before J. W. Pen-R “The defendant is accused .of the crime of peddling dry goods, shoe-laces, notions of various kinds, in the county aforesaid, without license. The said complainant, therefore, prays that the said defendant may be arrested and dealt with as provided by the statute of the State of Iowa. [Signed], “Peter Stevens,…

1Opinion of the CourtRothrock, J.

i. oiumrnrAL ment Sí. mation. In th'e case of State v. Merchant, 88 Iowa, 375, it was determined that “an information stands upon different grounds from an indictment, and is amendable.” In Bishop on Criminal Procedure, vol. 1, g 714, it is said: “The public officer by whom the information is presented and prosecuted being always in court, it may be amended, on application, to any extent which the judge deems to be consistent with the orderly conduct of judicial business, with the public interest, and with public rights.”

It is true that in State v. Merchant, supra, the information was in…

2Cited by7 opinions

  1. State v. HartungSupreme Court of Iowa · 1948
  2. State v. AbramsSupreme Court of Iowa · 1906
  3. State v. ReillySupreme Court of Iowa · 1899
  4. State v. ButcherSupreme Court of Iowa · 1890
  5. State v. PhippenSupreme Court of Iowa · 1976

2 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API