State v. Schilling
Supreme Court of Iowa
Appeal from Henry District Court. Indictment — Nuisance. The offense is thus charged: “ The said John M. Schilling and David Twiggs, on the 1st day of July, A. D. 1860, and from that time until the finding of this indictment, at the county aforesaid, did then and there use a certain frame building, under his control, as a place for the sale of intoxicating liquors, and did then and there keep intoxicating liquors in said building with intent to sell said intoxicating liquors…
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Appeal from Henry District Court. Indictment — Nuisance. The offense is thus charged: “ The said John M. Schilling and David Twiggs, on the 1st day of July, A. D. 1860, and from that time until the finding of this indictment, at the county aforesaid, did then and there use a certain frame building, under his control, as a place for the sale of intoxicating liquors, and did then and there keep intoxicating liquors in said building with intent to sell said intoxicating liquors in said building, to the common nuisance of all of the people of said county, unlawfully. ” The second count charges…
1Opinion of the CourtWright, J.
I. The grand jury was properly organized and had authority to present this indictment. See The State v. Delong, 12 Iowa, 453. The two cases in this respect are in principle precisely similar.
*458II. Defendants were indicted for keeping a nuisance. That the offense was cognizable by a grand jury, see The State v. McGrew, 11 Iowa, 112; Same v. Collins, Id., 141.
III. That the place where the unlawful sale of the liquors was carried on was described with sufficient particularity and definiteness, see The State v. Kreig, 13 Iowa, 462. In this respect the two indictments are the same.
IY. An allegation,…
2Cases cited3 opinions
- State v. DelongSupreme Court of Iowa · 1861
- State v. McGrewSupreme Court of Iowa · 1860
- State v. KreigSupreme Court of Iowa · 1862
3Cited by9 opinions
- State v. ReidSupreme Court of Iowa · 1866
- Wahl v. CunninghamSupreme Court of Missouri · 1932
- Withaup v. United StatesCourt of Appeals for the Eighth Circuit · 1903
- State v. EanSupreme Court of Iowa · 1894
- Kenosha Stove Co. v. SheddSupreme Court of Iowa · 1891
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