Legal Opinion

State v. Ensley

Supreme Court of Iowa

Decided December 13, 1859PublishedCited by 7 opinions

Appeal from Washington District Court. Informations charging the defendants with selling intoxicating liquors, unlawfully, after having been once convicted of the same offense. The errors assigned are stated in the opinion of the court.

1Opinion of the CourtWright, C. J.

In each of these cases, defendants were charged before a justice of the peace, on written information, with selling intoxicating liquors. It is objected in one case *150that the information was not sworn to by tbe informant. Tbe transcript of tbe justice certifies that it was sworn to, and tbe information is followed by a jurat full in all its facts, except tbe name of tbe magistrate. Under these circumstances, we tbink tbe objection, if available at any stage of tbe proceedings, comes too late, when urged for tbe first time, in tbis court. We think it may well be treated as a technical error or…

2Cases cited1 opinion

  1. Gordon v. StateSupreme Court of Iowa · 1856

3Cited by7 opinions

  1. Iowa Civil Liberties Union v. CritelliSupreme Court of Iowa · 1976
  2. State v. ShaverSupreme Court of Iowa · 1923
  3. State v. LewallenSupreme Court of Iowa · 1924
  4. State v. BostwickSupreme Court of Iowa · 1953
  5. State v. NordmanSupreme Court of Iowa · 1897

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