State v. Smith
Supreme Court of Iowa
Appeal from, Jasper District Court. — How. D. Ryah, Judge. The defendant was indicted for the crime of maintaining a nuisance by keeping a place for the unlawful sale of intoxicating liquors. The indictment is in the usual and lawful form. Upon a motion made by defendant, the district court set aside the indictment. Prom this decision the state appeals.
1Opinion of the CourtBeck, J.
I. The motion to set aside the indictment sustained by the district court contained the following statement of the grounds upon which it was based: “The grand jury returning the indictment herein received and acted upon evidence which was illegal, in violation of the bill of rights, and contrary to the fifth amendment to the constitution of the United States ; that is to say, the law authorizing registered pharmacists to sell intoxicating liquors, having a permit therefor, also requires that they shall make monthly reports to the auditor of the county of all sales made by them. Such reports…
2Cases cited5 opinions
- State v. FowlerSupreme Court of Iowa · 1879
- State v. WardSupreme Court of Iowa · 1888
- State v. TuckerSupreme Court of Iowa · 1866
- State v. MorrisSupreme Court of Iowa · 1873
- State v. MatlockSupreme Court of Iowa · 1886
3Cited by25 opinions
- Wilson v. United StatesSupreme Court of the United States · 1911
- Wilson v. United StatesSupreme Court of the United States · 1910
- Commonwealth v. SlavskiMassachusetts Supreme Judicial Court · 1923
- People v. . RosenheimerNew York Court of Appeals · 1913
- State ex rel. McClory v. DonovanNorth Dakota Supreme Court · 1901
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