State v. Hutchins
Supreme Court of Iowa
Appeal from Jones District Court. Defendant was fined before a justice of the peace upon an information charging that he did “unlawfully sell and give away” intoxicating liquors to a person named in the information. Upon appeal to the district court he was again convicted. He now appeals to this court.
1Opinion of the CourtBeck, J.
I. The district court, in effect, instructed the jury that under the statute of this state the giving away of intoxicating liquors is prohibited, and that if defendant gave to the person mentioned in the information whisky “to taste some of it,” without pay or consideration to be paid by such person, it would be a gift, and authorize the conviction of' defendant. The attorney general well says in his printed argument that the record discloses that “ it is fully apparent that there was no subterfuge in the case. The giving was a gift. It was not a gift covertly intended to be a sale.” It ivas…
2Cited by4 opinions
- State v. FlemingSupreme Court of Iowa · 1892
- State v. FountainSupreme Court of Iowa · 1918
- State v. BernsteinSupreme Court of Iowa · 1906
- State v. BriggsSupreme Court of Iowa · 1891