Legal Opinion

Sanders v. State

Supreme Court of Iowa

Decided December 15, 1855PublishedCited by 17 opinions

Error to the Scott District Court These cases were commenced under the Act for the Suppression of Intemperance, approved January 22, 1855. In 'the first ease above entitled, an information was filed before a justice of the peace of Scott county, against the defendant, charging him with a violation of section seven of the Iowa liquor law. 0n the 3d day -of September, 1855, the defendant appeared, pleaded not guilty, was tried, convicted, and fined twenty dollars and costs,…

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Error to the Scott District Court These cases were commenced under the Act for the Suppression of Intemperance, approved January 22, 1855. In 'the first ease above entitled, an information was filed before a justice of the peace of Scott county, against the defendant, charging him with a violation of section seven of the Iowa liquor law. 0n the 3d day -of September, 1855, the defendant appeared, pleaded not guilty, was tried, convicted, and fined twenty dollars and costs, and the house declared a nuisance, &c. The ’defendant appealed to the District Court. After filing motions to dismiss…

1Opinion of the Court

"Woodward, J".

This cause arises under the act for the suppression of intemperance. All the questions of a constitutional character which are propounded in this cause, are embraced and considered in the case of Santo et al. v. The State, ante, 165. We will here notice those objections only which apply to this particular cause.

First. A motion was made to quash the information, because, whilst the liquor is charged as being in the house of the defendant, no affidavit of a sale at any time, is made, as is required by the act, before the warrant can issue. The act, section 9, directs that if the…

2Cited by17 opinions

  1. Christopher J. Godfrey v. State of Iowa Terry Branstad, Governor of the State of Iowa, Individually and in His Official Capacity Kimberly Reynolds, Lieutenant Governor of the State of Iowa, Individually and in Her Official Capacity Jeffrey Boeyink, Chief of Staff to the Governor of the State of Iowa, Individually and in His Official Capacity Brenna Findley, Legal Counsel to the Governor of TheSupreme Court of Iowa · 2017
  2. Parshall v. StateCourt of Criminal Appeals of Texas · 1911
  3. Stout v. State Ex Rel. CaldwellSupreme Court of Oklahoma · 1913
  4. State v. KnappSupreme Court of Iowa · 1916
  5. United States v. Three Copper StillsU.S. Circuit Court for the District of Kentucky · 1890

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