State v. Abrahams
Supreme Court of Iowa
Appeal from the Bes Moines Bistrict Court. The defendant was indicted under section 2712 of the Code, which enacts, that if any person let any house, knowing that the lessee intends to use it as a place or resort for the purpose of prostitution and lewdness, or knowingly permit such lessee to use the same for such purpose, he shall be punished as therein provided.
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Appeal from the Bes Moines Bistrict Court. The defendant was indicted under section 2712 of the Code, which enacts, that if any person let any house, knowing that the lessee intends to use it as a place or resort for the purpose of prostitution and lewdness, or knowingly permit such lessee to use the same for such purpose, he shall be punished as therein provided. The indictment consisted of three counts, the first two of which charged the defendant with letting the house, knowing that the lessee intended so to use it. The third charged him with letting it in the like manner, and also further…
1Opinion of the CourtWoodward, J.
— The defendant moved for a rule on the prosecuting attorney, directing him to elect on which of the offences charged in the indictment, he would proceed to trial; which motion was overruled. A bill of exceptions shows, that when this motion was made, the plea of not guilty had been filed, which defendant asked leave to withdraw, in order to file the motion, but that the court refused leave, upon which the defendant made the motion, notwithstanding the pendency of the plea. A defendant’s rights may be.seriously compromitted by his being com*120pelled to go to trial, upon an indictment charging…
2Cited by16 opinions
- Padgett v. StateSupreme Court of Florida · 1912
- State v. McAninchSupreme Court of Iowa · 1915
- State v. GlazeSupreme Court of Iowa · 1916
- State v. PhippsSupreme Court of Iowa · 1895
- State v. BeldingOregon Supreme Court · 1903
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