State v. Standard Oil Co.
Supreme Court of Iowa
Appeal from Lyon District Court. — TIon. Wm. Hutchinson, Judge. The defendant was indicted under chapter 169, Acts 31st General Assembly, for the offense of unfair commercial discrimination in the sale of a petroleum product, to wit, gasoline, between different communities, to wit, the town of. Alton, in the county of Sioux, and the- town of Boon, in the county of Lyon. A demurrer to this indictment was sustained and the cause dismissed. From this judgment, the state appeals.
1Opinion of the CourtMcClain, J.
As some of the objections stated in the demurrer to the indictment necessitate a careful consideration of the language of the statute in determining what act or acts are required to constitute the offense described, and also a careful analysis -of the indictment to determine whether any act or acts prohibited by the statute are charged as committed by the defendant, it will be necessary to set out in full the portion of the statute purporting to describe the offense and the indictment in which it was attempted to charge an offense as thus described. The *48section, of the statute which describes…
2Cases cited3 opinions
- State v. ClarkSupreme Court of Iowa · 1909
- State v. LeasmanSupreme Court of Iowa · 1908
- State v. HollenbeckSupreme Court of Iowa · 1872
3Cited by3 opinions
- State v. SweeneySupreme Court of Iowa · 1926
- Farmers Co-Operative Ass'n v. Quaker Oats Co.Supreme Court of Iowa · 1943
- Des Moines Area Dairy Queen Store Operators & Owners, Inc. v. Wapello Dairies, Inc.Supreme Court of Iowa · 1975