140 Iowa 125 | Iowa | 1908
— 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:
These packages so delivered purported in large part to contain intoxicating liquors. They were delivered "by Alchon at certain rooms, which were known as the headquarters of a certain “Club bio. 5.” Until about the middle of May, 1906, these headquarters were located-in rooms over Adin&’lon’s butcher shop. About the date named they
II. At the close of the evidence the defendant moved for a directed verdict, on the ground that the evidence was wholly insufficient to warrant a verdict of guilty. The same point was urged in a motion for a new trial, and in a motion in arrest of judgment. It is now presented to us in many forms, including exceptions to' each of the instructions given by the court. What we have already said indicates our view as to the general sufficiency of the evidence to support the verdict. It may be added that the evidence on the part of the State came from reluctant witnesses, and that it is not as complete in its details as it might otherwise have been. There is, however, evidence tending to establish every material fact, even though it be weak at some points. The defendant did not see fit to offer any contradictory evidence. The evidence on behalf of the State is undisputed at every point. The facts testified to and the fair inferences which a jury could draw therefrom are quite abundant to sustain the verdict.
Section 2404 is as follows: “Every person who shall, directly or indirectly, keep or maintain by himself or by associating or combining with others, or who shall in any manner aid, assist or abet in keeping or maintaining any clubrooms, or other place in which intoxicating liquors are received or kept for the purpose of use, gift, barter or sale, or for distribution or division among the members of any club or association by any means whatever, and every person who shall use, barter, sell or give away, or assist or abet another in bartering, selling or giving away any intoxicating liquors so received or kept, shall be punished by a fine of not less than one hundred dollars nor more than five hundred dollars, or by imprisonment in the county jail not less than thirty days nor more than six months.” This section is a part of chapter 6, title 12. Section 2382 is the first section of such chapter. This section 2382 prohibits any person, directly or indirectly, or upon any pretense, or by any device, to exchange, barter, dispense,
It is argued that the club did not occupy the rooms over Gregory & Weston’s drug 'store until May, 1906, and that the effect of this instruction was to permit the.jury to find the defendant guilty for the alleged use of the rooms over Adington’s butcher shop prior to May, 1906. But in another instruction the court specifically instructed the jury that they could only find the defendant guilty, if at all, for using the rooms over the drug store.
Defendant complains of this instruction as being based upon various assumptions that have no support in the evidence. He contends that there is “not a particle of evidence” upon which to found any of the assumptions of the instruction. It is doubtless true that some of the assumptions are not supported hy direct evidence. But the State was not confined to direct evidence. In addition to the direct evidence there are well proven circumstances which are significant and' incriminating.. Considering, therefore, the direct evidence and the circumstantial evidence and the inferences which a jury might fairly draw from both, we think that every hypothesis set forth in the instruction is sustained hy sufficient evidence to justify the instruction.
VIII. A number of other questions are argued by defendant’s counsel, but they present, from different points
The judgment of the court below is affirmed.