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State v. Katz, 1949
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40 N.W.2d 41 http://web2.westlaw.com/shared/text.wl?...rvice=Find&cfid=0&RS=WLW2.09&VR=2.0&n=1 FOR EDUCATIONAL USE ONLY (Cite as: 241 Iowa 115, 40 N.W.2d 41) STATE v. KATZ. No. 47425. Supreme Court of Iowa. Dec. 13, 1949. M.C. Katz was convicted in Municipal Court, Des Moines, Iowa, Harry B. Grund, J., of violation the Civil Rights Statute by refusing ti serve a colored person at a soda fountain in a drug store, and he appealed. The Supreme Court, Hays, C.J., held that information charged a crime under statute, that evidence to show policy to defendant to refuse service to colored people was admissible, that objection to statement of counsel in argument to jury as properly overruled, and that no error was made in the giving and refusing of instructions, and affirmed the judgement. (Cite as: 241 Iowa 115, 40 N.W.2d 41) STATE v. KATZ [1] KeyCite this headnote 210 INDICTMENT AND INFORMATION 210V Requisites and Sufficiency of Accusation 210k107 Statutory Offenses 210k111 Exceptions and Provisos 210k111(1) k. In general. Iowa 1949 Under statute, information charging violation of Civil Rights Statute was nit requires to negative the exception in statute making it a misdemeanor to violate statute b denying accommodations to which all persons are entitled equally under civil rights statute, except for reasons by law applicable to all persons. I.C.A [?]735.1, 735.2 (Cite as: 241 Iowa 115, 40 N.W.2d 41) STATE v. KATZ [2] KeyCite and headnote 78 CIVIL RIGHTS 78IV Offenses and Penalties 78k472 Offenses 78k473 k. Prosecutions Formerly 78k75, 78k15 Iowa 1949 In prosecution for violating Civil Rights to serve a colored person at a soda fountain in a drug store, state had burden of proving that equal service was denied to a colored person that had denial of service was not for reason by law applicable to all persons I.C.A [?] 735.1, 735.2. (Cite as: 241 Iowa 115, 40 N.W.2d 41) STATE v. KATZ [3] KeyCite and headnote 110 CRIMINAL LAW 110XVII Evidence 110XVII(F) Other Offenses 110k371 Acts Showing Intent or Malice or Motive 110k371(1) k. In general. Iowa 1949 1 of 7 3/29/00 2:40 PM
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40 N.W.2d 41 http://web2.westlaw.com/shared/text.wl?...rvice=Find&cfid=0&RS=WLW2.09&VR=2.0&n=1 FOR EDUCATIONAL USE ONLY (Cite as: 241 Iowa 115, 40 N.W.2d 41) STATE v. KATZ. No. 47425. Supreme Court of Iowa. Dec. 13, 1949. M.C. Katz was convicted in Municipal Court, Des Moines, Iowa, Harry B. Grund, J., of violation the Civil Rights Statute by refusing ti serve a colored person at a soda fountain in a drug store, and he appealed. The Supreme Court, Hays, C.J., held that information charged a crime under statute, that evidence to show policy to defendant to refuse service to colored people was admissible, that objection to statement of counsel in argument to jury as properly overruled, and that no error was made in the giving and refusing of instructions, and affirmed the judgement. (Cite as: 241 Iowa 115, 40 N.W.2d 41) STATE v. KATZ [1] KeyCite this headnote 210 INDICTMENT AND INFORMATION 210V Requisites and Sufficiency of Accusation 210k107 Statutory Offenses 210k111 Exceptions and Provisos 210k111(1) k. In general. Iowa 1949 Under statute, information charging violation of Civil Rights Statute was nit requires to negative the exception in statute making it a misdemeanor to violate statute b denying accommodations to which all persons are entitled equally under civil rights statute, except for reasons by law applicable to all persons. I.C.A [?]735.1, 735.2 (Cite as: 241 Iowa 115, 40 N.W.2d 41) STATE v. KATZ [2] KeyCite and headnote 78 CIVIL RIGHTS 78IV Offenses and Penalties 78k472 Offenses 78k473 k. Prosecutions Formerly 78k75, 78k15 Iowa 1949 In prosecution for violating Civil Rights to serve a colored person at a soda fountain in a drug store, state had burden of proving that equal service was denied to a colored person that had denial of service was not for reason by law applicable to all persons I.C.A [?] 735.1, 735.2. (Cite as: 241 Iowa 115, 40 N.W.2d 41) STATE v. KATZ [3] KeyCite and headnote 110 CRIMINAL LAW 110XVII Evidence 110XVII(F) Other Offenses 110k371 Acts Showing Intent or Malice or Motive 110k371(1) k. In general. Iowa 1949 1 of 7 3/29/00 2:40 PM
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