State v. Olson

• Decision Date: 02 June 1905
• Docket Number: s 14,324 - (24)
• Citation: 103 N.W. 727,95 Minn. 104
• Parties: STATE v. HANS OLSON
• Court: Minnesota Supreme Court

103 N.W. 727

95 Minn. 104

STATE v. HANS OLSON

Nos 14,324 - (24)

Supreme Court of Minnesota

June 2, 1905

Defendant was indicted, tried and found guilty by the district court for Kandiyohi county, Qvale, J., upon the charge of selling intoxicating liquor without a license, and sentenced to pay a fine of $50 and be imprisoned for thirty days. From the judgment of conviction, defendant appealed. Affirmed.

SYLLABUS

Intoxicating Liquor.

A bottle of "Tanto," so-called, sold at a restaurant was purchased by a police officer, who, with his assistant, tasted the contents, and were each allowed to state, after having professed knowledge of its stimulating attributes, that it was intoxicating. Held not to be error.

Intoxicating Liquor -- Evidence.

The bottle of "Tanto" was offered in evidence, received as an exhibit, and allowed, under restrictions not to taste its contents, to go to the jury upon its retirement. Held, that the discretion of the trial court was not abused in this respect.

Charles Johnson, for appellant.

Edward T. Young, Attorney General, and Geo. H. Otterness, County Attorney, for the State.

OPINION

LOVELY, J.

Defendant was convicted of having sold a quantity of intoxicating liquor, less than five gallons, without having first obtained a license. There was a motion for a new trial; judgment was entered against the defendant, from which he appeals.

There are only two assignments of error which we regard of sufficient merit to require attention. At the trial in the district court, the chief of police of the city of Willmar was a witness for the state. He stated that he had visited the restaurant of defendant at a time when the latter was engaged in selling cigars, tobacco, and also a commodity put up in bottles and called "Tanto." The chief bought a bottle of "Tanto," tasted it, took the balance to his room, where his assistant on the police force also tasted the "Tanto." The chief, as well as his assistant, when interrogated as to their knowledge of the properties of the "Tanto," stated, in answer to inquiries appropriately made, that they knew whether or not it was intoxicating; and they were then allowed, over objection, to state each severally in his opinion that it was intoxicating liquor. Defendant excepted. We see no reason to criticize the course of the trial court in receiving this testimony. It requires no great stretch of intelligence, and is certainly not beyond...