Monaghan v. State
Mississippi Supreme Court
From the circuit court of Lee county. Hon. Lock E. Houston, Judge. Appellant, a retail liquor dealer, was convicted of selling liquor to a minor. One Stovall, an adult, requested Beene, a minor, who was passing his home to tell the clerk of appellant to send him a quart of a certain brand of whisky. The minor did as requested, telling the clerk at the time that the whisky was for Stovall.
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From the circuit court of Lee county. Hon. Lock E. Houston, Judge. Appellant, a retail liquor dealer, was convicted of selling liquor to a minor. One Stovall, an adult, requested Beene, a minor, who was passing his home to tell the clerk of appellant to send him a quart of a certain brand of whisky. The minor did as requested, telling the clerk at the time that the whisky was for Stovall. He gave the clerk fifty cents which had been handed to him by Stovall for the purpose, and after obtaining the whisky left it at the house where Stovall had requested him to leave it. The court declined to…
1Opinion of the CourtAbnojjd, C. J.
The doubt suggested by the attorney-general, based on the decision of the supreme court of Massachusetts, in Com. v. O’Leary, 143 Mass. 95, in regard to the propriety of the action of the court in giving and refusing instructions, is well founded. The instruction for the state should not have been given, and that asked by the appellant should not have been refused.
Beene, the minor, acted merely as the agent of Stovall, the adult, in the matter. Beene informed the clerk, when he obtained the liquor, that it was for Stovall — it was paid for with Stovall’s money, and was taken to the place…
2Cases cited5 opinions
- Young v. StateSupreme Court of Alabama · 1877
- Siegel v. PeopleIllinois Supreme Court · 1883
- Commonwealth v. LattinvilleMassachusetts Supreme Judicial Court · 1876
- Commonwealth v. O'LearyMassachusetts Supreme Judicial Court · 1886
- Johnson v. StateMississippi Supreme Court · 1885
3Cited by5 opinions
- State v. TraylorMississippi Supreme Court · 1911
- Harris v. StateMississippi Supreme Court · 1937
- Beck v. StateMississippi Supreme Court · 1891
- Leathers v. StateCourt of Criminal Appeals of Oklahoma · 1937
- In re Protest MacRaeNebraska Supreme Court · 1906