Legal Opinion

State v. Colvin

Supreme Court of Iowa

Decided June 14, 1905PublishedCited by 6 opinions

Appeal from Dallas District Court. — ■ HoN. EdmuND Nichols, Judge. The defendants were tried on an indictment charging them with keeping and operating a liquor nuisance, and were acquitted. The State appeals.

1Opinion of the Court

Shekwin, O'. J.

The defendants used a stand or place at which they sold as a beverage liquor which contained one and one-half per cent, of alcohol by weight and two per cent, by volume, and the court received testimony tending to prove thai such liquor was not intoxicating. There was error in the ruling. The statute (Code, section 2382) specifically declares that alcohol is an intoxicating liquor, and proof that liquor used as a beverage contains alcohol is sufficient to' establish its character as intoxicating liquor, however much the alcohol may be diluted, or however weak its intoxicating…

2Cases cited6 opinions

  1. Commonwealth v. BrelsfordMassachusetts Supreme Judicial Court · 1894
  2. State v. LafferSupreme Court of Iowa · 1874
  3. State v. O'ConnellSupreme Judicial Court of Maine · 1904
  4. State v. Certain Intoxicating LiquorsSupreme Court of Iowa · 1888
  5. State v. GravelinSupreme Court of Rhode Island · 1889

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3Cited by6 opinions

  1. Jacob Ruppert v. CaffeySupreme Court of the United States · 1920
  2. State v. Fargo Bottling Works Co.North Dakota Supreme Court · 1910
  3. Nies v. AndersonSupreme Court of Iowa · 1917
  4. Schraeder v. SearsSupreme Court of Iowa · 1921
  5. Berner v. McHenrySupreme Court of Iowa · 1915

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