State v. Tomlinson, 47169.

Decision Date09 March 1948
Docket NumberNo. 47169.,47169.
Citation239 Iowa 323,31 N.W.2d 384
PartiesSTATE v. TOMLINSON.
CourtIowa Supreme Court

OPINION TEXT STARTS HERE

Appeal from Marshalltown Municipal Court; Ray P. Scott, Judge.

On an information of the county attorney, defendant was charged and tried for engaging in the business of selling used motor vehicles without having a license contrary to sub-section 2 of section 322.3, Iowa Code 1946. The court directed the jury to return a verdict for defendant. The State appeals from the judgment entered thereon discharging defendant.

Affirmed.

Robert L. Larson, Atty. Gen. of Iowa, William M. Carron, Sp. Asst. Atty. Gen., and E. W. Adams, County Atty., of Marshalltown, for appellant.

O. H. Allbee, of Marshalltown, for appellee.

BLISS, Justice.

The defendant, 67, a widower, with five grown children living in different parts of the United States, made his home in Marshalltown and Lamoille, and devoted his time to overseeing his farm of 340 acres near by, which was operated by others. In going to and from the farm and his lodging place he drove his own car or truck. He had placed an order and a deposit for a new car with a car dealer in Marshalltown in the latter part of December, 1945. He was unable to get a new car but he left his order and deposit with the dealer. In the meantime he drove used cars-seven of them but all of them needed repairs and none were satisfactory; with the exception of an old truck which he used at the farm for hauling, tile, fencing materials, etc., he had never had two cars at a time. Two of the cars became out of repair on trips to Texas and Montana to visit relatives and the children. On one or these trips he exchanged his car because he could not get repairs. On another trip he disposed of his car and came home on the train. There was no evidence that he ever in any way represented or advertised that he was engaged in selling or otherwise dealing in used cars. The evidence is that he lost money in every transaction. He finally secured a satisfactory car which he retained. The State's evidence consisted of registration slips, etc., from the county treasurer's office, identified by a deputy in the office.

Section 322.3, Code, 1946, provides in substance that no one shall engage in this state in the business of selling at retail used motor vehicles or represent or advertise that he is or intends to so engage himself, without procuring a proper license.

The appeal was not argued orally. Defendant's attorney died prior to the submission of the appeal, and there is no argument for the defense. The only ground of the motion to direct was the insufficiency of the evidence to sustain the charge. No other question is raised on this appeal....

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