State v. Bernstein
| Decision Date | 06 February 1906 |
| Citation | 105 N.W. 1015,129 Iowa 520 |
| Parties | STATE OF IOWA v. S. BERNSTEIN, Appellant |
| Court | Iowa Supreme Court |
Appeal from Warren District Court.-- HON. JAMES D. GAMBLE, Judge.
The defendant was convicted of the crime of giving away intoxicating liquor in consideration of the purchase of property. He appeals.-- Reversed.
Reversed.
H. L Ross, for appellant.
Chas W. Mullan, Attorney General, and Lawrence De Graff, Assistant Attorney General, for the State.
An information accusing the defendant of the crime of giving intoxicating liquors in consideration of the purchase of property was filed before a justice of the peace and a conviction had thereon. The defendant appealed to the district court, where the case was tried to the court on the following agreed statement of facts, and the defendant was again convicted:
That defendant is a resident of Des Moines, Iowa. That he is a traveling salesman for Simon Lewis, a liquor dealer, whose principal and sole place of business is at Rock Island in the State of Illinois. That Simon Lewis has no wareroom or place of storage in the State of Iowa and all orders for liquor are filled from his warehouse at Rock Island, Ill. That the said Simon Lewis is a citizen and resident of the State of Illinois. That the business of the said defendant is to travel for the said Simon Lewis to solicit, and take orders for the purchase, shipment, and delivery of intoxicating liquors. That all orders taken by the defendant are taken on blanks, a copy of which blank order is hereto attached and made a part hereof. That all such orders so taken are sent to his principal in Rock Island, Ill., subject to the approval or disapproval of said principal. That defendant was not engaged in any other business or employment, save as a traveling salesman for said Simon Lewis of Rock Island, Ill. That the liquor for which the defendant solicited orders was in the State of Illinois, and was to be shipped from Illinois to such parties as should give orders for the same. That defendant had, on May 23, 1905, in Warren county, Iowa and carried with him as such traveling salesman one sample case containing twelve sample bottles of liquor, which bottles were labeled with the kinds of liquors contained therein, and one grip containing six quart bottles, which were used to replenish from time to time the bottles in the sample case. That said liquor samples so carried were the property of Simon Lewis of Rock Island, Ill. That said samples were used by the defendant in soliciting trade for said Simon Lewis, and were not kept by the defendant for sale, unless the giving of samples as herein stated be held to be a sale. That defendant, in Indianola, Warren county, Iowa on May 23, 1905, as such traveling salesman aforesaid, solicited and received orders, which orders were taken on the order blanks above referred to, from George Westerly, Ed Brasher, and William Bryson, all of Indianola, Iowa and who ordered said liquor for their own use, and not for the purpose of sale. That defendant...
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