Herring v. State
Supreme Court of Iowa
Error to the Scott District Court. This was an indictment for retailing intoxicating liquors* -containing six counts. A demurrer to the indictment being ■overruled, tbe defendant filed bis plea of not guilty.
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Error to the Scott District Court. This was an indictment for retailing intoxicating liquors* -containing six counts. A demurrer to the indictment being ■overruled, tbe defendant filed bis plea of not guilty. After tbe •cause bad been submitted to tbe jury, and after they bad been absent four hours and a half, tbe jury came into court, and stated that they could not understand alike tbe testimony of tbe witnesses, Charles "Weston, Richard K. Allen, and Louis Maklot, as to tbe time of tbe sale of tbe liquor; whereupon, tbe witnesses being called and not answering, tbe court pro* posed to read…
1Opinion of the CourtIsbell, J.
Tbe first and second specifications of error are not sustained by tbe record. A bill of exceptions was taken to tbe overruling of a motion for a new. trial. Tbe motion for a new trial is copied into tbis bill. Tbe motion so copied, alleges that certain instructions were given, but tbe effect of tbis bill is only that tbe motion was filed and overruled, and not that tbe facts alleged in that motion, existed.
With regard to tbe third specification, it appears that, after tbe jury bad been out for some time, finding that they could not agree on tbe testimony of certain witnesses, they returned…
2Cited by5 opinions
- State v. PerkinsSupreme Court of Iowa · 1909
- United States v. CampbellDistrict Court, N.D. Iowa · 1956
- Lee & Co. v. BradwaySupreme Court of Iowa · 1868
- Freher v. GeesekaSupreme Court of Iowa · 1858
- McCarthy v. Territory of WyomingWyoming Supreme Court · 1875