State v. Certain Intoxicating Liquors
Supreme Court of Iowa
Appeal from, Buchanan District Court. — Hon. John J. Net, Judge. Certain liquors claimed to be intoxicating were duly seized under legal process. P. C. Cummings appeared and claimed to be the o wner of such liquors. A trial was had before a j ustice of the peace, who found the liquors were not intoxicating, and ordered that they be returned to the claimant. An appeal to the district court was taken, and judgment was rendered for the defendant. The state appeals.
1Opinion of the CourtSeevers, C. J.
— It is contended that the court erred in finding the liquors were not intoxicating. The case was submitted to the court upon the evidence óf a single witness as to whether the. liquors were intoxicating. Such evidence is before us. The witness is a chemist, and made, an analysis of the liquor, and he testifies that one portion thereof contained “2.42 per cent, of alcohol by weight, and 3.02 per cent, by volume ; and the other portion contained 2.58 per cent, by weight, and 3.22 per cent, by volume.” The witness, in response to questions asked him, testified as follows : “Now what do you say…
2Cases cited1 opinion
- State v. YagerSupreme Court of Iowa · 1887
3Cited by14 opinions
- Jacob Ruppert v. CaffeySupreme Court of the United States · 1920
- State v. Fargo Bottling Works Co.North Dakota Supreme Court · 1910
- Commonwealth v. BrelsfordMassachusetts Supreme Judicial Court · 1894
- State v. FredericksonSupreme Judicial Court of Maine · 1905
- Luther v. StateNebraska Supreme Court · 1909
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