Capps v. State

Decided July 1, 1857

Supreme Court of Iowa · decided 1857-07-01

In the ease oí a misdemeanor, where the fact charged in the- indictment, appears to be unlawful^ it is unnecessary to allege the act to have been un~ lawfuily.done. Such an averment is in no oaae essential, unless it be part of the description of the offence, as defined by statute. An indictment which charges that the defendant “willfully obstructed the public road (describing it) contrary to law,” sufficiently avers that the act charged was unlawfully done. Where an indictment for obstructing a public road, described the road as fol-laws: “ The public road or highway leading from Fort Dodge to Fort Des Moines, Iowa, on the east side of the Des Moines river, lying and being in Boone township, Boone county, Iowa;" Seld, That the road was sufficiently described in the indictment.

Decided 1857-07-01

Stockton, J.

¶1The description of the road was sufficient. The statute provides that “ no indictment shall be quashed, if it can be understood -that the offence was committed at some place within the jurisdiction of the court. Code, § 2916. The indictment charged that the defendant “ willfully obstructed the public road, &c., contrary to the law.” This is sufficient averment that the act charged was unlawfully done. In the case of misdemeanors, where the fact laid in the indictment appears to be unlawful, it is unneces*504sary to allege it to have been unlawfully done. Tbe averment is in .no case essential unless it be part of tbe description of tbe offence as defined by some statute, for if the fact as stated be illegal, it would be superfluous to allege it to be unlawful. Starkie’s Criminal Pleading, 85.

¶2Judgment affirmed.