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The State of Iowa v. Becker

Iowa Supreme Court1866-06-13
20 Iowa 438

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

Dillon, J.

The defendant was indicted under the eighth section of the prohibitory liquor law, being section 1564 of the Revision.

Decided : First. That an indictment, under said section, which charges that in a certain building the defendant kept intoxicating liquors for sale, and did then and-there sell the same, does not charge two dis-3 tinct offenses, and is not bad for duplicity. Second. It is not necessary to set Out in the indictment the names of the persons to whom the liquor was sold.

Third. That, as the proceeding under that section is against the person, the building need not be described, and its specific location averred.

Fourth. The State is not bound to show, affirmatively, that the liquors were not kept in original vessels or packages, and that thev were not sold for mechanical, ° ’ J ’ medicinal, or sacramental purposes. These are «pr0per grounds of defense.” Rev., §§ 1559, 1560, 1564, 1569 ; The State v. Guisenhause, ante. We have not been favored with an argument by tbe appellant. We discover no other questions in tbe record. Tbe judgment is

Affirmed.