185 Iowa 794 | Iowa | 1919
A petition was filed by the county attorney of Black Hawk County, Iowa, charging one L. O. Heiber with the keeping and maintenance of a liquor nuisance, and asking that the same be enjoined. A temporary writ was issued, and thereafter, upon final hearing, the injunction was made permanent. Later, the county attorney filed an information, charging the defendant, Heiber, with a violation of the injunction, and asking that he be punished for contempt. This accusation being denied, the issue came on for trial to the district court, presided over by the respondent herein named. The testimony having been heard, the court dismissed the complaint and discharged the defendant. Thereupon, the State, by its attorney general, instituted this proceeding for a writ of certiorari to review the action and judgment of the trial court. In this petition for the writ, the State, among other things, alleged, in substance, that, although the alleged violation of the injunction was established by a preponderance of the evidence, the trial court held and ruled that the proceeding was criminal in its nature, and that the charge of contempt could be sustained only on proof of the violation of the injunction, be
“I further certify that said action was tried before me, upon oral testimony, produced in behalf of the State and in behalf of the defendant. That, upon the conclusion of the testimony and the argument of counsel, I reached the conclusion that the State had not established, even by a preponderance of the credible evidence, that the defendant Heiber was guilty of a violation of the injunction issued by me.”
On the trial of the contempt proceedings, the State produced as witnesses two state agents in the service of the department of justice, who testified that, on two different occasions in June, 1917, the 13th and 14th, they purchased intoxicants from the defendant, Heiber, at his place of business in Waterloo; that he took same from his soda fountain; and that samples of the liquor so procured were submitted for analysis to the chemist of the state food and dairy department. The chemist was also produced, and testified that the liquor, on analysis, proved to contain alcohol to the extent of 5 per cent or more by volume. Proof was also made that, two days after the last sale, the defendant’s place of business was searched, and under the marble board of a soda fountain, there were found 32 one-ounce bottles, filled with whisky. It also appeared that defendant had been previously convicted and fined for violation of the liquor laws, and that a permanent injunction had been entered against further offense of that nature by him within the jurisdiction of the court.
We hold that the record clearly establishes the defendant’s guilt of the contempt charged, and the judgment dismissing him will be annulled and set aside, and the proceeding will be remanded to the trial court, with directions to enter judgment in harmony with this conclusion.— Annulled,.