State v. Alderman
Supreme Court of Iowa
Appeal from Story District Court. — E. M. Wright, Judge The defendant was convicted under an indictment charging him with willfully and unlawfully keeping whisky, and carrying it about on his person, with intent to sell the same, contrary to law. He appeals.
1DissentSalinger, J.
The majority concedes that the mere fact of making an unlawful sale of liquor does not, of necessity, establish bootlegging, under the statute. Barr v. Neel, 151 Iowa 458, at 460, so holds. Statute bootlegging requires, for one thing, the carrying of the liquor about the person. That requirement must have reasonable construction. It being conceded that there may be an unlawful sale of liquor without constituting bootlegging, there must be cases where bootlegging is not established though, literally, the liquor was carried about the person of the vendor. The barkeeper who reaches back to his…
2Cases cited3 opinions
- State v. SalingSupreme Court of Iowa · 1916
- Barr v. NeelSupreme Court of Iowa · 1911
- Williams v. BudgettSupreme Court of Iowa · 1919