State v. Dahnke

Defendant was indicted, tried and acquitted of violating section 124.20, Code, 1950. The State has appealed under the terms of section 793.20, Code, 1950.

Section 124.20 provides in part: “It shall be unlawful for any person to sell, give or make available to any minor or to permit any minor to purchase or consume any beer on the premises of a class ‘B’ or class ‘C’ permit holder.”

Under the record the jury could have found that the defendant was a bartender in an establishment holding a class “B” permit; that one William K. Butler, a minor, was sold beer by the defendant, which he consumed on…