State v. Vail
Supreme Court of Iowa
Appeal from Hardin District Court. The defendant was arrested upon an information charging him with the sale of ale, beer, porter, and mixed liquors, contrary to the statutes of Iowa, and the ordinancés of the incorporated town of Eldora. Upon a trial before a justice of the peace, he was adjudged guilty.
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Appeal from Hardin District Court. The defendant was arrested upon an information charging him with the sale of ale, beer, porter, and mixed liquors, contrary to the statutes of Iowa, and the ordinancés of the incorporated town of Eldora. Upon a trial before a justice of the peace, he was adjudged guilty. He appealed to the District Court, where he was tried and acquitted upon the ground that the ordinance of the town of Eldora, under which the prosecution was had, was not legally enacted. The 'State appealed to this court, and the judgment of the District Court was reversed. The costs in…
1Opinion of the CourtRothrock, J.
*104í criminal charge oí decosts^on appeal. *103The ordinance under which the defendant *104was prosecuted provider that its violation should be punishable by a fine of not less than five dollars, nor more than fifty dollars, and in default of payment, imprisonment in jail, not exceeding thirty days. This and many other ordinances of cities throughout the State make the offenses which they prohibit criminal in their nature and punishable by fine and imprisonment. The law provides that where the defendant in a criminal ease is acquitted of the charge in the District Court, the State may appeal, but this…
2Cases cited3 opinions
- Jaquith v. RoyceSupreme Court of Iowa · 1876
- State v. KinneySupreme Court of Iowa · 1876
- State v. VailSupreme Court of Iowa · 1880
3Cited by8 opinions
- State v. TraasSupreme Court of Iowa · 1941
- Ewing v. Webster CitySupreme Court of Iowa · 1897
- State v. BuckleySupreme Court of Iowa · 1975
- City of Burlington v. UnterkircherSupreme Court of Iowa · 1896
- City of Creston v. NyeSupreme Court of Iowa · 1888
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