74 Iowa 610 | Iowa | 1888
-I. The parts of the indictment necessary to be set out here are in the following language: “The grand jury of the county of Muscatine, in the name and by the authority of the state of Iowa, accuse P. J. Waltz of the crime of nuisance, committed as follows: The said P. J. Waltz, on the tenth day of November, A. D. 1886, in the county aforesaid, wilfully and unlawfully did use a certain building, known as a ‘saloon,’ for the purpose of selling therein, and therein did sell, intoxicating liquor of the kind prohibited by law, to-wit, whisky, brandy, rum, gin, ale, wine and beer, to divers persons, and did then and there, by the means aforesaid, keep and maintain a public and common
II. This court has held that indictments for nuisances committed by keeping places for the sale of intoxicating liquors are good without averments precisely describing the locus of the offense. State v. Kreig, 13 Iowa, 462 ; State v. Schilling, 14 Iowa, 455 ; State v. Freeman, 27 Iowa, 333. The indictments in these cases were all found under the statute in force when the
III. It will be observed that, under the statute applicable to the case before us, one charged with the offense of nuisance contemplated by it may be indicted, and upon the indictment he may be fined, and the nuisance may be abated. Now, if it be assumed that the order of abatement cannot be made in the absence of allegations in the indictment-particularly describing the
Reversed. -