Vaughn v. State
Supreme Court of Iowa
Appeal from the Dela/wa/re District!] Court. The appellant was indicted and convicted of keeping intoxicating liquors to sell, and fined twenty dollars and costs, from which judgment he has appealed to this court. On the trial, the defendant demurred to the indictment, which was overruled. The grounds of the demurrer are stated in the opinion of the court.
1Opinion of the CourtStockton, J.
The first specification under the demurrer, against the sufficiency of the indictment, is, that more than one crime is charged in it to have been committed by the defendant. It charges that the defendant “ did keep, and was concerned, engaged and employed in owning and keeping intoxicating liquors to sell, &c.” This is in the very words of the statute, and there can be no question. *370but that it defines, and was intended to describe, a single offence, and not two offences.
The second head of the demurrer is, that the acts stated in the indictment, do not constitute a crime. It would be a…
2Cases cited1 opinion
- Benham v. StateSupreme Court of Iowa · 1855
3Cited by2 opinions
- State v. GroomeSupreme Court of Iowa · 1860
- State v. MaurerSupreme Court of Iowa · 1858