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STATE v. COPPES

No. 48966.

78 N.W.2d 10 (1956)

STATE of Iowa, Appellant, v. Cecil Fred COPPES, 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.

Pryor, Hale, Plock, Riley & Jones, Burlington, for appellee.

BLISS, Justice.

Defendant's demurrer was on the following grounds:

"1. That the statute (Section 321.285, Iowa Code of 1954 [I.C.A.]) 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 sufficiently explicit to inform those who are subject to it...

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