State v. Stucker
Supreme Court of Iowa
Appeal from Fremont District Court. The defendant was indicted, tried, convicted and sentenced, for the crime of nuisance, as defined in Revision, section 1564; the using of a building for the purpose of selling intoxicating liquors contrary to statute. The defendant appeals.
1Opinion of the CourtCole, J.
The single question presented for our determination in this case is, whether a bar-tender or clerk, having no interest in the business, can be convicted of the crime of nuisance, for the mere sale by him of intoxicating liquors, in a building used for that purpose. The evidence shows clearly that the defendant was but clerk or servant to the owner or principal of the liquors and business.
It is provided by our statute (Revision, § 1562), “ all clerks, servants and agents, of whatsoever kind, engaged or employed in the manufacture, sale, or keeping for sale, in violation of this act, of any…
2Cited by4 opinions
- People v. RiceMichigan Supreme Court · 1894
- Duncan v. FlaglerSupreme Court of Oklahoma · 1942
- Worley v. SpurgeonSupreme Court of Iowa · 1874
- State v. DahmsNorth Dakota Supreme Court · 1914