State v. Herselus
Supreme Court of Iowa
Appeal from Jasper District Court. — Hon. A. E. Dewey, Judge. The defendant was indicted under section 1543 of the Code for the crime of nuisance. The case was tried to a jury, and upon the conclusion of the evidence for both parties, the court, upon its own motion, instructed the jury to find the defendant not guilty, which was done, and judgment entered discharging the defendant. The state appeals.
1Opinion of the CourtGiven, J.
By the testimony of several witnesses, it was shown, without -contradiction, that within the time and in the county named in the indictment, the defendant did, on different occasions, sell beer and whisky over the counter of a certain saloon, and received pay for the goods sold. The defendant in his testimony admits that he did, on several occasions, sell intoxicating liquors in that saloon. His testimony *215shows that Grus Anderson and Andy Pierson kept the saloon for three or four months; that the defendant was engaged in the business of coal mining; that he resided near the saloon, and…
2Cited by4 opinions
- State v. ElliottSupreme Court of Iowa · 1924
- State v. SnyderSupreme Court of Iowa · 1899
- State v. DahmsNorth Dakota Supreme Court · 1914
- State v. DahmsNorth Dakota Supreme Court · 1914