20 Iowa 497 | Iowa | 1866
Revision, section 1561, provides a penalty for the manufacture of intoxicating liquors within this State contrary to the provisions of law; section 1562 provides a penalty for the sale of such liquors, contrary to law; section 1563 provides a like penalty for owning or keeping such liquors, with intent to sell contrary to law. Then follows section' 1564, under which these indictments were found, and which provides that, “in addition to the penalties prescribed in said sections, whoever shall erect or establish, or continue, to use any building, erection or place for any of the purposes prohibited in said sections, shall be deemed guilty of a nuisance, and may be prosecuted and punished accordingly, in the manner prescribed by law.” *
It is very evident from the plain reading of the statute, that the offense of nuisance may be committed either by the manufacture, sale, or keeping with intent to sell, intoxicating liquors, contrary to law. While it is doubtless true, that an indictment for nuisance would be sufficient, which charged the offense to have been committed by either one of these unlawful acts, yet, it does not impair the sufficiency of the indictment nor render it vulnerable to the charge of duplicity, if it avers the offense to have been committed by two or all three of the specified unlawful acts. The indictment does charge but the one offense,. nuisance, although it charges that offense to have been committed by the doing of two unlawful acts as stated.
It does not profess to charge the offense of selling liquor or of keeping it with intent to sell, but it charges the crime
The point is further made under this head, that the statute prohibits the joinder of two offenses under one indictment. This is correct as matter of law. Rev., § 4654. But the difficulty with the appellant’s cases is, that the indictments, as we have seen, do not charge two offenses.
It is also further objected that the verdict was general, and was, therefore, bad, for the reason that two offenses were charged. But this objection must fail, since the basis on which it rests is found not to exist.
We have already held that a United States revenue license as retail liquor dealer, did not afford any protection from the penalties prescribed by State laws for the sale of intoxicating liquors contrary to the State statutes. Such license only confers the- right to sell in subordination to the laws of the State wherein it is granted to be exercised. The State v. Carney, &c., ante.
This decision has been lately approved by the United States Supreme Court. Since, therefore, such license would afford no protection to the defendant, it was not error to exclude it.
The statute says (§ 1564), that proof of the manufacture, sale or keeping with intent to sell of any intoxicating liquor in violation of the act, shall be deemed sufficient as presumptive evidence of the offense of nuisance. This provision fully justified the giving of the instruction, as we have before held. The State v. Guisenhause, ante.
Affirmed.