74 Iowa 119 | Iowa | 1888
II. Counsel for defendant insist that the court erred in admitting evidence showing the habits of intoxication or the minority of the purchasers. Their position seems to be that, as defendant held a permit to sell intoxicating liquors, and it was sold upon the applications, one •of which we have just set out, no intent to sell unlawfully was shown, and, therefore, the sale to inebriates or minors was not in violation of the law. But defendant may be convicted of maintaining a nuisance by keeping a place with intent unlawfully to sell therein intoxicat-' ing liquors (Code, secs. 1543, 1544 ); and the unlawful intent may be presumed from the .unlawful sales. State v. Sartori, 55 Iowa, 340. Were the rule otherwise, the very subterfuge of written applications of purchasers would enable pharmacists to violate the law without fear of punishment.
These views dispose of all questions in the case. We reach the conclusion that the judgment of the district court ought to be Aeeirmed.
[ The opinion in this case is reserved on petition for rehearing, and hence it is not yet officially reported. — Reporter.]