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State v. Hesner

State v. Hesner, 8 N.W. 329 (Iowa 1881)
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Court
Supreme Court of Iowa · State Highest Courts
Decided
March 23, 1881
Judges
Adams
Citations
8 N.W. 32955 Iowa 494
Headnotes
1. Criminal Law: indictment. An indictment charging the unlawful sale of whisky is not supported by proof of the sale of other intoxicating liquors.
Summary
Appeal from Cla/yton District Court. TnE defendant was convicted of the crime of selling to one George Ward intoxicating liquor known as whisky, without a permit. Having been sentenced to paya fine of $20, he appeals from the judgment.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Adams

Text extracted by OCR from a scanned original; check the original for exact wording.

Adams, Ch. J.

i. mmrmAT, ment. The defendant complained of an instruction given by the court which is in these words: “You are instructed that if you find from the evidence, beyond a reasonable doubt, that the defendant himself, or by another in his saloon, sold to the said George "Ward intoxicating liquor of any hind, whether whisky or any other kind of intoxicating liquor, your verdict will be against the defendant, guilty.”

The correctness of this instruction is questioned upon two grounds. Eirst, it ’is said that the defendant, having been accused of selling whisky, could not be properly convicted of having sold intoxicating liquor of a different kind, and, in the second place, it is said that if the liquor sold was beer or native wine the defendant would not be guilty, notwithstanding such liquors are intoxicating.

The liquor was described with unnecessary particularity. Code § 1540. State v. Whalen, 54 Iowa, 753 . But in State v. Newland, 7 Iowa, 242 , it is held that, where a thing necessary to bevmentioned in an indictment is described with unncessary particularity, the thing must be proven as described. It appears to us, therefore, thát the instruction cannot be sustained, and the judgment must be

Reversed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1897: 11899: 11906: 11910: 11911: 11920: 11926: 21964: 118972026peak 1926 · 2

Relies on it most ⓘ

  1. State v. Hochmuth127 N.W.2d 658 (Iowa 1964)
  2. State v. Boomer72 N.W. 424 (Iowa 1897)
  3. State v. Burk131 S.W. 883 (Mo. Ct. App. 1910) · Dissent
  4. State v. Japone209 N.W. 468 (Iowa 1926)
  5. State v. Judd109 N.W. 892 (Iowa 1906)
  6. State v. Schuler80 N.W. 213 (Iowa 1899)

Most recent

  1. State v. Hochmuth127 N.W.2d 658 (Iowa 1964)
  2. State v. Wagner210 N.W. 901 (Iowa 1926)
  3. State v. Japone209 N.W. 468 (Iowa 1926)
  4. State v. Snyder188 Iowa 1150 (1920)
  5. White v. State129 N.W. 259 (Neb. 1911)
  6. State v. Burk131 S.W. 883 (Mo. Ct. App. 1910) · Dissent

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
State v. Newland, 7 Iowa 242 (1858) 15
State v. Whalen, 54 Iowa 753 (1880) 4

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