State v. Douglass
Supreme Court of Iowa
Appeal from the Jolmson District Court. The indictment charged that the defendant did, on the 13th day of October, 1857, at, &c., and at an election then and there held, as authorized by law, for the election of Governor, &c., vote, knowing himself not to be qualified. A demurrer to the indictment was overruled. Exceptions were taken to the introduction of certain testimony.
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Appeal from the Jolmson District Court. The indictment charged that the defendant did, on the 13th day of October, 1857, at, &c., and at an election then and there held, as authorized by law, for the election of Governor, &c., vote, knowing himself not to be qualified. A demurrer to the indictment was overruled. Exceptions were taken to the introduction of certain testimony. A motion in arrest, and for a new trial, was overruled, and the,prisoner sentenced to be imprisoned in the county jail.
1Opinion of the CourtWeight, C. J.
Ther errors assigned are: First. That the court erred in overruling the demurrer; Second. In admitting certain testimony; Third. In overruling the motion for a new trial, and rendering judgment upon the verdict. The points in the demurrer, insisted upon in the argument, are: First. That the indictment does not show that the election was held by the proper and legal officers ; and, Second. That it does not state the manner in which defendant was disqualified.
The indictment charges when the election was held; what officers were then to be elected; and that such election was authorized by law.…
2Cases cited1 opinion
- Cook v. SypherSupreme Court of Iowa · 1856
3Cited by4 opinions
- Commonwealth v. RogersMassachusetts Supreme Judicial Court · 1902
- State v. WelchSupreme Court of Minnesota · 1874
- Nelson v. Territory of OklahomaSupreme Court of Oklahoma · 1897
- People v. StimerMichigan Supreme Court · 1890