Commonwealth v. Lattinville
Massachusetts Supreme Judicial Court
Complaint under the St. of 1875, e. 99, § 6, el. 4, alleging that the defendant, at a time and place named, “ did sell intoxicating liquor to one Fanny Stewart, she the said Fanny Stewart being then and there under twenty-one years of age.”
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Complaint under the St. of 1875, e. 99, § 6, el. 4, alleging that the defendant, at a time and place named, “ did sell intoxicating liquor to one Fanny Stewart, she the said Fanny Stewart being then and there under twenty-one years of age.” Trial in the Superior Court, before Lord, J., who allowed a bill of exceptions in substance as follows: The evidence offered by the government showed that Fanny Stewart, a minor, was sent by her mother, an adult, who furnished her with money for the purpose, to the defendant’s saloon to buy intoxicating liquor for the mother’s use, and found a boy there,…
1Opinion of the CourtLoud, J.
The complaint in this case does not allege that the defendant was unlicensed as a seller of intoxicating liquors. It is therefore to be presumed that he was licensed to sell generally as provided by law.
The statute, however, prohibits the sale or delivery of intoxicating liquors to a minor. St. 1875, c. 99, § 6, cl. 4. The precise question in this case is, whether the sale or delivery of intoxicating liquor to a minor, who is simply doing an errand for another, or, as this case finds, for his parent, is within the prohibition. The court are all of opinion that it is not. Under previous laws…
2Cited by16 opinions
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- Foster v. StateSupreme Court of Arkansas · 1885
- Buchanan v. StateCourt of Criminal Appeals of Oklahoma · 1910
- O'Connell v. O'LearyMassachusetts Supreme Judicial Court · 1887
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