State v. Buttery

The defendant was convicted by the court, a jury having been waived, of violating Section 12960, General Code, in that he sold beer to a minor under 18 years of age. He was sentenced to imprisonment in the county jail for 60 days and to pay a fine of $150. This appeal is from that sentence.

The contention of the defendant is that proof of knowledge that he was selling to a minor under 18 years of age is an essential element of the crime and that there was no substantial evidence of such knowledge.

The language of Section 12960, General Code, is:

‘ ‘ Whoever sells * * * beer to a minor under the…