State v. Maurer
Supreme Court of Iowa
Appeal from, the Louisa District Court. The indictment, in this case, charges that the defendant, ‘‘ on, &c., at, &c., did' keep a house, situated on lot number two, block number ten, in the city of Wapello, where drunkenness, quarrelling, gambling, and breaches of the peace, are carried on by divers persons, whose names are to the grand jury unknown; and that said defendant, then and there being the occupant of said house, did permit said drunkenness, quarrelling, gambling,…
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Appeal from, the Louisa District Court. The indictment, in this case, charges that the defendant, ‘‘ on, &c., at, &c., did' keep a house, situated on lot number two, block number ten, in the city of Wapello, where drunkenness, quarrelling, gambling, and breaches of the peace, are carried on by divers persons, whose names are to the grand jury unknown; and that said defendant, then and there being the occupant of said house, did permit said drunkenness, quarrelling, gambling, and breaches of the peace to be carried on, contrary, &c.” The defendant was convicted, and now appeals. The other…
1Opinion of the CourtStockton, J.
I. .A motion of the defendants to set aside the indictment, for the reason that “ the matters and things therein charged, do not constitute a public offense,” *408was overruled. This method of raising the objection taken by the defendant to the indictment, has been held by this court to be insufficient. Berham v. State, 1 Iowa, 542. A demurrer to an indictment, (and the same rule holds in respect to a motion to quash), must distinctly specify wherein the indictment is insufficient. It must bring to the mind of the court, and the opposite party, the precise objection taken. Code, section 2953; The…
2Cases cited2 opinions
- Benham v. StateSupreme Court of Iowa · 1855
- Vaughn v. StateSupreme Court of Iowa · 1857
3Cited by7 opinions
- Shepard v. DyeWashington Supreme Court · 1926
- Zotalis v. CannellosSupreme Court of Minnesota · 1917
- State v. BeebeSupreme Court of Iowa · 1901
- Murphy v. RogersMassachusetts Supreme Judicial Court · 1890
- Diehl v. Iowa Beer & Liquor Control Department Hearing BoardSupreme Court of Iowa · 1988
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