State v. Harris
Supreme Court of Iowa
Appeal from Derro Gordo District Court. Indictment charging that the defendant “ did erect, establish and continue a certain building and place, in which he kept and sold, and kept with intent to sell, all intoxicating liquors, to-wit, whiskey, gin, rum, alcohol and wine.”
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Appeal from Derro Gordo District Court. Indictment charging that the defendant “ did erect, establish and continue a certain building and place, in which he kept and sold, and kept with intent to sell, all intoxicating liquors, to-wit, whiskey, gin, rum, alcohol and wine.” The indictment was found in March, 1882, and charged that the crime was committed in April, 1881. The defendant pleaded not guilty, and specially that in January, 1882, an information was filed before a justice of the peace, charging that the defendant kejit “ with intent to sell, and selling intoxicating liquors, as…
1Opinion of the CourtSeeyers, J.
1. INTOXICATunRiwSmie orimes^iSguished. I. The crime charged in ’the information is defined in section 1512 of the Code, and that in the indictment in section 1513. The only difference be- - J ^ween the crimes as charged is that, under the information, proof of a selling, or keeping with an intent to sellj is sufficient, while, under the indictment, it must be shown that the liquor was sold, or kept with intent to sell, in a building or place. The latter is declared by the statute to be a nuisance. The former is not a nuisance.
Under the information, the defendant could be convicted if he had…
2Cases cited2 opinions
- Woolheather v. RisleySupreme Court of Iowa · 1874
- State v. StappSupreme Court of Iowa · 1870
3Cited by6 opinions
- Brentner v. Chicago, Milwaukee & St. Paul R'y Co.Supreme Court of Iowa · 1886
- State v. ReidSupreme Court of Iowa · 1925
- State ex rel. Kelly v. NelsonNorth Dakota Supreme Court · 1904
- State v. NiersSupreme Court of Iowa · 1893
- State v. RockwellSupreme Court of Iowa · 1891
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