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State v. Katz, 1949
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[Jordan Dingman ?] 40 N.W.2d 41 http://web2.westlaw.com/shared/text.wl?...rvice= Find&cfid=0&RS=WLW2.09&VR=2.0&n=1 110 CRIMINAL LAW 110XX Trial 110XX(H) Instructions: Necessity, Requisites, and Sufficiency 110823 Error in Instructions Cured by Withdrawal or Giving Other Instructions 110k823(4) k. Elements and incidents of offense in general. Iowa 1949 In prosecution for violating Civil Rights Statute by refusing to serve a colored person at a soda fountain, instruction that state must show that defendant infringed civil rights of colored person by refusing him food or drink, and instruction that defendant should be convicted if defendant refused to serve food and drink to colored person, were not erroneous in view of other given instructions. I.C.A. [?] 735.1, 735.2. (Cite as: 241 Iowa 115, 40 N.W.2d 41) STATE v. KATZ [10] KeyCite this headnote 110 CRIMINAL LAW 110XX Trial 110XX(H) Instructions: Requests 110k829 Instructions Already Given 110k829(1) k. In general. Iowa 1949 Refusal of requested instructions was not error where substance thereof was contained in given instructions. (Cite as: 241 Iowa 115, 40 N.W.2d 41) STATE v. KATZ [11] KeyCite this headnote 110 CRIMINAL LAW 110XXIV Review 110XXIV(Q) Harmless and Reversible Error 110k1172 Instructions 110k1172.3 k. Invasion of province of jury. Formerly 110k1172(1) Iowa 1949 In prosecution of violating Civil Rights Statutes by refusing to serve colored person at a soda fountain in a drug store, where statement of colored witnesses for state that they were refused service by an employee of defendant was not denied, and defendant submitted case on sole theory that service was denied because colored persons were creating a disturbance, instruction stating that there was no dispute that defendant was manager of the drug store, and that refusal, if there was one was made by defendant's waitress, was not prejudicial to defendant. I.C.A. [?}735.1, 736.2. (Cite as: 241 Iowa 115, 40 N.W.2d 41) **42 (Cite as: 241 Iowa 115, 40 N.W.2d 41, **42) *115 (Cite as: 241 Iowa 115, *115, 40 N.W.2d 41, **42) Gamble, Read, Howland, Gamble & Riepe, John H. Martin and C.A. Leland, III, Des Moines, Paul R. Stinson and Dick H. Woods, Kansas City, Missouri, for appellant. Robert Larson, Attorney General, Edwin S. Thayer, County Attorney, Polk County, Des Moines, Paul C. McDonnell, Assistant County Attorney, Polk County, Des Moines, for appellee. HAYS, Chief Justice The defendant M.C. Katz was accused of the crime of infringement of Civil **43 4 of 7 3/29/00 2:40 PM
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[Jordan Dingman ?] 40 N.W.2d 41 http://web2.westlaw.com/shared/text.wl?...rvice= Find&cfid=0&RS=WLW2.09&VR=2.0&n=1 110 CRIMINAL LAW 110XX Trial 110XX(H) Instructions: Necessity, Requisites, and Sufficiency 110823 Error in Instructions Cured by Withdrawal or Giving Other Instructions 110k823(4) k. Elements and incidents of offense in general. Iowa 1949 In prosecution for violating Civil Rights Statute by refusing to serve a colored person at a soda fountain, instruction that state must show that defendant infringed civil rights of colored person by refusing him food or drink, and instruction that defendant should be convicted if defendant refused to serve food and drink to colored person, were not erroneous in view of other given instructions. I.C.A. [?] 735.1, 735.2. (Cite as: 241 Iowa 115, 40 N.W.2d 41) STATE v. KATZ [10] KeyCite this headnote 110 CRIMINAL LAW 110XX Trial 110XX(H) Instructions: Requests 110k829 Instructions Already Given 110k829(1) k. In general. Iowa 1949 Refusal of requested instructions was not error where substance thereof was contained in given instructions. (Cite as: 241 Iowa 115, 40 N.W.2d 41) STATE v. KATZ [11] KeyCite this headnote 110 CRIMINAL LAW 110XXIV Review 110XXIV(Q) Harmless and Reversible Error 110k1172 Instructions 110k1172.3 k. Invasion of province of jury. Formerly 110k1172(1) Iowa 1949 In prosecution of violating Civil Rights Statutes by refusing to serve colored person at a soda fountain in a drug store, where statement of colored witnesses for state that they were refused service by an employee of defendant was not denied, and defendant submitted case on sole theory that service was denied because colored persons were creating a disturbance, instruction stating that there was no dispute that defendant was manager of the drug store, and that refusal, if there was one was made by defendant's waitress, was not prejudicial to defendant. I.C.A. [?}735.1, 736.2. (Cite as: 241 Iowa 115, 40 N.W.2d 41) **42 (Cite as: 241 Iowa 115, 40 N.W.2d 41, **42) *115 (Cite as: 241 Iowa 115, *115, 40 N.W.2d 41, **42) Gamble, Read, Howland, Gamble & Riepe, John H. Martin and C.A. Leland, III, Des Moines, Paul R. Stinson and Dick H. Woods, Kansas City, Missouri, for appellant. Robert Larson, Attorney General, Edwin S. Thayer, County Attorney, Polk County, Des Moines, Paul C. McDonnell, Assistant County Attorney, Polk County, Des Moines, for appellee. HAYS, Chief Justice The defendant M.C. Katz was accused of the crime of infringement of Civil **43 4 of 7 3/29/00 2:40 PM
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