Legal Opinion

State v. Hesner

Supreme Court of Iowa

Decided March 23, 1881PublishedCited by 9 opinions

Appeal from Cla/yton District Court. TnE defendant was convicted of the crime of selling to one George Ward intoxicating liquor known as whisky, without a permit. Having been sentenced to paya fine of $20, he appeals from the judgment.

1Opinion of the Court

Adams, Ch. J.

i. mmrmAT, ment. The defendant complained of an instruction given by the court which is in these words: “You are instructed that if you find from the evidence, beyond a reasonable doubt, that the defendant himself, or by another in his saloon, sold to the said George "Ward intoxicating liquor of any hind, whether whisky or any other kind of intoxicating liquor, your verdict will be against the defendant, guilty.”

The correctness of this instruction is questioned upon two grounds. Eirst, it ’is said that the defendant, having been accused of selling whisky, could not be properly…

2Cases cited2 opinions

  1. State v. NewlandSupreme Court of Iowa · 1858
  2. State v. WhalenSupreme Court of Iowa · 1880

3Cited by9 opinions

  1. State v. HochmuthSupreme Court of Iowa · 1964
  2. State v. JaponeSupreme Court of Iowa · 1926
  3. State v. BoomerSupreme Court of Iowa · 1897
  4. State v. JuddSupreme Court of Iowa · 1906
  5. State v. SchulerSupreme Court of Iowa · 1899

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