State v. Johnson
Supreme Court of Iowa
Appeal from Potk District Court. — Hon. W. H. McHenry, Judge. In proceedings instituted before a justice of the peace of Polk county for the condemnation and destruction of a barrel of beer, alleged to have been kept by defendants for sale in violation of law, the justice ordered that said property be condemned and destroyed.
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Appeal from Potk District Court. — Hon. W. H. McHenry, Judge. In proceedings instituted before a justice of the peace of Polk county for the condemnation and destruction of a barrel of beer, alleged to have been kept by defendants for sale in violation of law, the justice ordered that said property be condemned and destroyed. On appeal to the district court, the ease was taken from the jury, after the introduction of the evidence, and the defendants were discharged; the sheriff being ordered to return the liquor seized to the defendants. Prom this order, the plaintiff appeals.—
1Per curiam
— The evidence received for the state tended to show that defendants were running a restaurant and grocery store, residing in the same building, -and that the liquor seized was the property of defendants and kept in the grocery store. By Code, section 2421, it is provided that “the finding of intoxicating liquors in the possession of one not legally authorized to sell or use the same, except in a private dwelling house which does not include or is not used in connection with a tavern, public eating house, restaurant, grocery or other place of public resort, or the finding of the same in…
2Cited by6 opinions
- State v. TraasSupreme Court of Iowa · 1941
- State v. WickettSupreme Court of Iowa · 1941
- State v. BuckleySupreme Court of Iowa · 1975
- State v. NielsenMontana Supreme Court · 1920
- State v. LittleSupreme Court of Iowa · 1929
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