State v. McEvoy
Supreme Court of Iowa
Appeal from Osceola District Court. An information was filed before a justice of the peace, in which the defendant was accused of the crime of keeping intoxicating liquors with intent to sell the same contrary to law. Defendant was arrested, tried and convicted of the crime, and a judgment imposing a fine was entered against him. From that judgment he appealed to the district court.
Read the full summary
Appeal from Osceola District Court. An information was filed before a justice of the peace, in which the defendant was accused of the crime of keeping intoxicating liquors with intent to sell the same contrary to law. Defendant was arrested, tried and convicted of the crime, and a judgment imposing a fine was entered against him. From that judgment he appealed to the district court. The proceedings in that court resulted also in a judgment against Mm imposing a fine, and from that judgment he appeals to this court.
1Opinion of the CourtEeed, J.
The information was filed originally before J. W. Morrison, j ustice of the peace. When the defendant was brought before the justice he filed a motion for a change of venue, on the alleged ground that the justice was so prejudiced against him that he could not obtain a fair and impartial trial before him. It was also alleged in the affidavit filed by defendant in support of his motion that E. ITuff, the next nearest justice to Justice Morrison, was a material witness in the case for defendant, and that D. D, McOullum, the mayor of the town of Sibley, was an attorney in the case for defendant.…
2Cases cited1 opinion
- State v. McCombsSupreme Court of Iowa · 1862
3Cited by1 opinion
- State v. RussellNorth Dakota Supreme Court · 1909