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State v. Johns

118 N.W. 295, 140 Iowa 125
CourtSupreme Court of Iowa
DecidedNovember 17, 1908
StatusPublished
Cited by11 cases

This text of 118 N.W. 295 (State v. Johns) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Johns, 118 N.W. 295, 140 Iowa 125 (iowa 1908).

Opinion

Evans, J.

— On October 12, 1907, an indictment was

returned against the defendant, 'charging him with maintaining a liquor nuisance in the town of Osage, on or about the 1st day of January, 1906, and on other days between said date and the time of finding the indictment. The evidence introduced on behalf of the State on the trial tended to show the following facts: Some time in the latter part of 1905 or the beginning of 1906, the defendant had a conversation with W. IT. Weaver, agent for the Illinois Central Eailroad Company at the toAvn of Osage. The subject of the conversation was the proposed shipment, from time to time, of certain packages to the defendant as consignee. It was contemplated that the packages under consideration would be identified and marked “Club No. 5.” The defendant desired that such packages should come consigned to Club No. 5, but the agent declined such suggestion. The defendant instructed the agent to deliver the goods, when received in his absence, to C. E. Alchon or W. J. Simpson. After such-conversation large quantities of the proposed goods were received at the railroad office, consigned to defendant, and delivered in accordance with the defendant’s instructions. These packages purported to be shipped from brewing companies at Dubuque, Waverly, and Albert Lea, and a large number of the packages were marked “ale” or “beer.” Weaver was examined as a witness on behalf of the State. He produced his records as station agent, including receipts signed by defendant for freight consigned to him and delivered principally to Alchon. The following is a list of such freight receipts, including a description of the contents of each package as it was marked thereon:

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Bluebook (online)
118 N.W. 295, 140 Iowa 125, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-johns-iowa-1908.