State v. Johnson

• Decision Date: 19 January 1937
• Docket Number: 43644.
• Citation: 271 N.W. 223,222 Iowa 1204
• Parties: STATE v. JOHNSON.
• Court: Iowa Supreme Court

271 N.W. 223

222 Iowa 1204

STATE v. JOHNSON.

No. 43644.

Supreme Court of Iowa.

January 19, 1937

Appeal from District Court, Page County; Earl Peters, Judge.

Defendant was tried and convicted under an information charging him with the unlawful possession of intoxicating liquor, and from such conviction, he appeals.

Affirmed.

Cook & Cook, of Glenwood, for appellant.

Edward L. O'Connor, Atty. Gen., Walter F. Maley, First Asst Atty. Gen., Henry J. Roelofs, Sp. Asst. Atty. Gen., and Willis A. Glassgow, Co. Atty., of Clarinda, for the State.

DONEGAN, Justice.

The county attorney's information filed in this case charged the defendant with illegal possession of alcoholic liquor on the 12th day of December 1935, in Page county, Iowa, in violation of chapter 93-F1, at section 1921-f3. To this information the defendant pleaded not guilty. Upon the trial of the case the State introduced evidence showing that on the 12th day of December, 1935, under a search warrant duly issued, the deputy sheriff, a constable, and a police officer searched a gasoline station operated by the defendant and also the home of the defendant, both in the town of Essex in Page county; that in the filling station they found five bottles of alcohol; that they found eight gallons of whisky in an upstairs room of the defendant's home, and also one bottle of whisky in the basement thereof; that in an outbuilding in the yard of the defendant's residence they found several empty liquor bottles and jugs, which had minute quantities of liquor in them which smelled like whisky; that all of the liquor thus found in both the filling station and at the home of the defendant was intoxicating liquor; and that there were no state liquor seals on any of the bottles containing such intoxicating liquor. The defendant introduced no evidence, but, at the close of the State's evidence he filed a motion for a directed verdict in his favor on the following grounds:

" That the testimony and all evidence introduced by the state fails to prove that the defendant is guilty of the crime charged. That no evidence has been introduced showing that the liquor was purchased in the State of Iowa or for sale in the State of Iowa."

It is the contention of the appellant that under the liquor laws of the State of Iowa as they existed at the time of the seizure of the liquor here involved the mere possession of intoxicating liquor in this State, in bottles or containers which do not bear the liquor seals of the Liquor Commission of the State of Iowa, is not a violation of the law; that the evidence introduced in this case went no further than to prove that the defendant had in his possession intoxicating liquor in bottles which did not bear the seals of the Liquor Commission of the State of Iowa; and that therefore there was not sufficient evidence to submit to the jury under which they might find the defendant guilty of the offense charged in the information.

Section 1921-f3 of chapter 93-F1 of the Code of 1935, which the defendant is charged with violating, provides that: " It shall be unlawful to manufacture for sale, sell, offer or keep for sale, possess and/or transport vinous, fermented, spirituous, or alcoholic liquor, * * * except upon the terms, conditions, limitations and restrictions as set forth herein." As appears in the indictment, this section is a part of chapter 93-F1 of the Code of 1935, and section 1921-f1, which is the first section in said chapter, provides that: " This chapter shall be cited as the Iowa liquor control act, and shall be deemed an exercise of the police power of the state, for the protection of the welfare, health, peace, morals and safety of the people of the state, and all its provisions shall be liberally construed for the accomplishment of that purpose, and it is declared to be the public policy that the traffic in alcoholic liquors is so affected with a public interest that it should be regulated to the extent of prohibiting all traffic in them, except as hereinafter provided for in this chapter through the medium of an Iowa liquor control commission by this chapter created, in which is vested the sole and exclusive authority to purchase alcoholic liquors, as defined herein, for the purpose of resale."

Section 1921-f18 of this chapter provides for the establishment and maintenance of liquor stores for the storage and sale of liquor in accordance with the provisions of the chapter. Section 1921-f22 of this chapter provides that no sale shall be made except by such liquor stores or distributors as provided in the chapter. Section 1921-f24 provides that no liquor shall be sold by such liquor stores or distributors except in sealed containers with the official seal or label prescribed by the commission on such container. Section 1921-f54 provides that the State Liquor Commission is granted the sole and exclusive right of importation into the State of all forms of alcoholic liquor, and that no person, partnership, club, corporation, or association shall import any such alcoholic liquor.

We think it apparent from a reading of all the laws of this State, in regard to intoxicating liquors, that the act known as chapter 93-F1 of the Code of 1935, which is entitled " Iowa Liquor Control Act," intended to place the complete control of all traffic in intoxicating liquors in this State, except beer, under the Iowa Liquor Control Commission; that, under the provisions of this act, all intoxicating liquors, except beer, manufactured, sold, kept for sale, possessed within this state, or transported into...