State v. Kriechbaum
| Decision Date | 23 January 1891 |
| Parties | THE STATE OF IOWA, Appellee, v. A. KRIECHBAUM, Appellant |
| Court | Iowa Supreme Court |
Appeal from Decatur District Court.--HON. R. C. HENRY, Judge.
THE defendant was convicted before a justice of the peace, upon an information charging that in Decatur county, Iowa, on or about April 18, 1889, he unlawfully sold intoxicating liquors to one, Creed Bobbett, and that, in said county, on or about December 26, 1888, he unlawfully sold intoxicating liquors to Henry Otten. Upon appeal to the district court, the defendant was again convicted, and judgment entered against him, from which he appeals to this court.
AFFIRMED.
E. W Curry and P. Henry Smythe & Son, for appellant.
John Y Stone, Attorney General, and C. W. Hoffman, for the State.
The following facts are fully established by the testimony: One A. Hubner was engaged in business as a dealer in intoxicating liquors at Burlington, Des Moines county, Iowa, and held a permit to sell for lawful purposes, which permit, under chapter 71, Acts Twenty-second General Assembly, remained in force up to the September session, 1888, of the district court in that county. Owing to the expiration of his permit and the fact that, under the laws of Iowa, as they then were, Mr. Hubner could not get a permit, he quit business in Burlington. In September or October, 1888, Hubner and others organized a corporation, under the laws of Illinois, called the "Dallas Transportation Company," for the purpose of carrying on the business of dealing in intoxicating liquors, Hubner selling his stock to the company. The place of business was at Dallas, Illinois, on the east shore of the Mississippi river, sixteen miles south of Burlington. Hubner was president of the corporation, and had charge of the business, with the assistance of a bookkeeper. Though Hubner continued to reside in Burlington, the stock and books of the company were kept at Dallas. The defendant was in the employ of Hubner until the time he quit business in Burlington, and thereafter with the Dallas Transportation Company, his powers and duties being the same under both employments. He was authorized to travel over certain parts of this state, and solicit orders for intoxicating liquors. When an order was received, he sent it to Hubner, at the place of business, and, if the order was approved, the liquors were shipped from there to the person giving the order, at the place designated. Defendant traveled over his route every five or six weeks, and at each trip was furnished with unpaid bills against customers on his route, for liquors previously ordered and shipped, which bills he collected, and remitted the money to his employer. About July 12, 1888, and at other times prior to September, 1888, Henry Otten gave defendant orders for beer and whiskey at Leon, in Decatur county, upon which the liquors were shipped and delivered to Otten at that place. Other orders were given by, and shipments made to, Otten in the same way after the business was opened at Dallas. Otten sometimes paid for the liquors after delivery at Leon, and sometimes by sending a draft. Sales were made in the same way to C. E. Bobbett before and after Hubner quit business in Burlington, differing only in this, that Bobbett always paid for his liquors at Leon after delivery.
I. The errors assigned and discussed present two questions, namely whether the court erred in admitting certain testimony, over defendant's objection, and whether the evidence sustains the conviction. On the trial, certain entries in a book shown to have been kept by the American Express Company in its office, at Leon, were admitted in evidence, over defendant's objection that they were copies of former entries, and immaterial. The witness who kept and identified the book did say that the entries were copies, but, on further examination, showed that they were original entries. They showed the dates upon which boxes of goods shipped from Burlington to C. E. Bobbett were received at Leon, and that they were...
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