Ihinger v. State

Prosecution for selling intoxicating liquor to a minor; trial by jury; verdict and judgment for the State; motion for a new trial overruled, and exception.

On the trial, Ephraim Carmichael, the person to whom the liquor was alleged to have been sold, testified that he was eighteen years old, about six feet high, and weighed one hundred and seventy-five pounds; other than this there was no evidence given to the jury in respect to his personal appearance as to age or otherwise.

The court instructed the jury, amongst other things, as follows:

“The mere fact that a minor represents himself to be…