State v. Meyer, No. 38211.

CourtUnited States State Supreme Court of Iowa
Writing for the CourtSTEVENS
Citation213 N.W. 220,203 Iowa 694
PartiesSTATE v. MEYER.
Docket NumberNo. 38211.
Decision Date05 April 1927

203 Iowa 694
213 N.W. 220

STATE
v.
MEYER.

No. 38211.

Supreme Court of Iowa.

April 5, 1927.


Appeal from District Court, Buena Vista County; James De Land, Judge.

The defendant A. J. Meyer was indicted by the grand jury of Buena Vista County upon a charge of unlawfully dispensing intoxicating liquors. At the conclusion of the evidence for the State, a verdict was directed in his favor. The State appeals. Reversed.

[213 N.W. 221]

John Fletcher, Atty. Gen., and Charles E. Pendleton, Co. Atty., of Storm Lake, for the State.

Bailie & Edson, of Storm Lake, for appellee.


STEVENS, J.

The defendant, at the time it is alleged the offense with which he is charged was committed, was marshal of the town of Sioux Rapids. At the conclusion of the state's case, the court sustained a motion for a directed verdict upon the ground that the evidence was insufficient to convict. The indictment charged that the defendant, on or about July 11, 1925, did unlawfully dispense intoxicating liquor to various persons named therein. It was shown upon the trial that on or about the date stated, a number of mechanics employed in a local garage were sitting in front thereof and that one of them said to the defendant, when he came upon the scene, that it would be a good evening for a drink; that the defendant replied that he “knew where some was.” In answer to a further inquiry, he informed the parties where there was a bottle containing alcohol mixed with water, and told them how to find it, saying that he had just had a drink out of the bottle. A search resulted in yielding no results. Thereupon defendant loaned one of the parties his flashlight, by the aid of which the bottle was located, brought into the company of the defendant and the others assembled, and the contents drunk. It is claimed by the state that this constituted a violation of section 1924 of the Code, which prohibits any one, by himself, clerk, servant, employee, or agent, to directly or indirectly, upon any pretense or by any device, dispense any intoxicating liquor, except as is provided in chapter 94 of the Code.

[1] The appeal being by the state, the judgment of the district court cannot be reversed. The court may point out any error in the proceedings, and its decision thereon shall be obligatory as law. Section 14012, Code 1924. On appeal by the state, the court will only discuss and dispose of those questions which are proper to be determined as precedents in other cases. State v. Mackey, 82 Iowa, 393, 48 N....

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6 practice notes
  • State v. Traas, No. 45565.
    • United States
    • United States State Supreme Court of Iowa
    • June 17, 1941
    ...157 Iowa 248, 138 N.W. 458;State v. Kirkman, 206 Iowa 364, 220 N.W. 57;State v. Woodruff, 208 Iowa 236, 225 N.W. 254;State v. Meyer, 203 Iowa 694, 213 N.W. 220;State v. Dietz, 162 Iowa 332, 143 N.W. 1080. [2][3] As stated in some of the above-mentioned cases, and in others, this court, in a......
  • State v. Little, No. 39875.
    • United States
    • United States State Supreme Court of Iowa
    • December 13, 1929
    ...Co., 153 Iowa, 702, 133 N. W. 895, 42 L. R. A. (N. S.) 821;State v. Johnson, 157 Iowa, 248, 138 N. W. 458;State v. Meyer, 203 Iowa, 694, 213 N. W. 220. The same rule was recognized in each of the following cases which will serve to illustrate the nature of the questions which may be reviewe......
  • Iowa v. Buckley, No. 1--56537
    • United States
    • United States State Supreme Court of Iowa
    • August 29, 1975
    ...N.W. 254 (1929); State v. Patton, 206 Iowa 1347, 221 N.W. 952 (1928); State v. Kirkman, 206 Iowa 364, 220 N.W. 57 (1928); State v. Meyer, 203 Iowa 694, 213 N.W. 220 (1927); State v. Bailey, 202 Iowa 146, 209 N.W. 403 (1926); State v. Dietz, 162 Iowa 332, 143 N.W. 1080 (1913); State v. Ford,......
  • State v. Wickett, No. 45705.
    • United States
    • United States State Supreme Court of Iowa
    • October 21, 1941
    ...Little, 210 Iowa 371, 228 N.W. 67;State v. Friend, 213 Iowa 544, 239 N.W. 132;State v. Traas, 230 Iowa 826, 298 N.W. 862;State v. Meyer, 203 Iowa 694, 213 N.W. 220;State v. Johnson, 157 Iowa 248, 138 N.W. 458;State v. Fairmont Creamery Co., 153 Iowa 702, 133 N.W. 895, 42 L.R.A.,N.S., 821; S......
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6 cases
  • State v. Traas, No. 45565.
    • United States
    • United States State Supreme Court of Iowa
    • June 17, 1941
    ...157 Iowa 248, 138 N.W. 458;State v. Kirkman, 206 Iowa 364, 220 N.W. 57;State v. Woodruff, 208 Iowa 236, 225 N.W. 254;State v. Meyer, 203 Iowa 694, 213 N.W. 220;State v. Dietz, 162 Iowa 332, 143 N.W. 1080. [2][3] As stated in some of the above-mentioned cases, and in others, this court, in a......
  • State v. Little, No. 39875.
    • United States
    • United States State Supreme Court of Iowa
    • December 13, 1929
    ...Co., 153 Iowa, 702, 133 N. W. 895, 42 L. R. A. (N. S.) 821;State v. Johnson, 157 Iowa, 248, 138 N. W. 458;State v. Meyer, 203 Iowa, 694, 213 N. W. 220. The same rule was recognized in each of the following cases which will serve to illustrate the nature of the questions which may be reviewe......
  • Iowa v. Buckley, No. 1--56537
    • United States
    • United States State Supreme Court of Iowa
    • August 29, 1975
    ...N.W. 254 (1929); State v. Patton, 206 Iowa 1347, 221 N.W. 952 (1928); State v. Kirkman, 206 Iowa 364, 220 N.W. 57 (1928); State v. Meyer, 203 Iowa 694, 213 N.W. 220 (1927); State v. Bailey, 202 Iowa 146, 209 N.W. 403 (1926); State v. Dietz, 162 Iowa 332, 143 N.W. 1080 (1913); State v. Ford,......
  • State v. Wickett, No. 45705.
    • United States
    • United States State Supreme Court of Iowa
    • October 21, 1941
    ...Little, 210 Iowa 371, 228 N.W. 67;State v. Friend, 213 Iowa 544, 239 N.W. 132;State v. Traas, 230 Iowa 826, 298 N.W. 862;State v. Meyer, 203 Iowa 694, 213 N.W. 220;State v. Johnson, 157 Iowa 248, 138 N.W. 458;State v. Fairmont Creamery Co., 153 Iowa 702, 133 N.W. 895, 42 L.R.A.,N.S., 821; S......
  • Request a trial to view additional results

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