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STATE v. HOLLING

No. 48965.

78 N.W.2d 25 (1956)

STATE of Iowa, Appellant, v. Easter Ruth HOLLING, Appellee.

Supreme Court of Iowa.

July 26, 1956.

Attorney(s) appearing for the Case

Dayton Countryman, Atty. Gen., Raphael R. R. Dvorak, Asst. Atty. Gen., and William S. Cahill, County Atty., Burlington, for appellant.

Ralph Youngstrom, Burlington, for appellee.

BLISS, Justice.

Defendant's demurrer based on sections 762.11, 777.1 and 777.2 of the 1954 Code of Iowa, I.C.A., is as follows:

"1. That the statute upon which the information is based, so far as it undertakes to create a criminal offense is void in that the statute does not expressly forbid or require any act except by implication. "2. If any act is required or forbidden thereby then the statute is not...

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