77 Iowa 193 | Iowa | 1888
Lead Opinion
The reason of the rule that at least twelve grand jurors must concur in the finding of an indictment is not in the fact that'that was the smallest number of which the tribunal could be composed. If that were
The soundness of this argument may be admitted, and yet the result sought by counsel would not follow. The language of section 1540 is: “If any person not holding such permit, by himself, his clerk, servant or agent,” etc. The permit there referred to is that provided for in the preceding sections of the same chapter, viz., a permit granted by the board of supervisors for the sale of intoxicating liquors for certain enumerated purposes. Now, defendant did not . hold a permit of that character. Nor did he acquire the right to make sales of liquors for any purpose under the provisions of that chapter. But the right to make such sales, for the “necessities of medicine,” was conferred upon the class
Exception was taken to several rulings of the court on the admissibility of evidence offered by the state. The questions are not regarded of special importance, and we deem it sufficient to say that the rulings appear to us to be correct. We have not found in the record any grounds for disturbing the judgment.
Affirmed.
Rehearing
supplemental opinion on rehearing-.
After the foregoing opinion was filed, defendant filed a petition for rehearing, in which our attention was called to an apparent inaccuracy of statement in the third paragraph of the opinion. It is there stated that the right to sell intoxicating liquors as a medicine was conferred upon registered pharmacists by chapter 83, Acts, 1886, and that they were not required to obtain permits before engaging in the business. The language of the opinion is capable, perhaps, of a broader meaning than was intended. What was meant is that they were not required to obtain permits under the statutes formerly in force, and which continued in force as
Overruled.