Mascowitz v. State
Supreme Court of Arkansas
APPEAL from Garland Circuit Court. J. B. Wood, Judge. To constitute the offense charged the sale must have been made without the written consent of the parent. Sec. 1878, Mansf. Dig. The written order in this case was a complete defence. The wording of the order shows that it contemplates the selling on more than one occasion, and is broad enough to include a sale of a pint, or any amount “in reason.” The order was only a consent to sell on the date of the writing.
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APPEAL from Garland Circuit Court. J. B. Wood, Judge. To constitute the offense charged the sale must have been made without the written consent of the parent. Sec. 1878, Mansf. Dig. The written order in this case was a complete defence. The wording of the order shows that it contemplates the selling on more than one occasion, and is broad enough to include a sale of a pint, or any amount “in reason.” The order was only a consent to sell on the date of the writing. Each sale must be authorized by the written consent of the parent.
1Opinion of the CourtCockriix, C. J.
The appellant was indicted for selling liquor to a minor without the consent of his parent or guardian. The proof showed that the minor’s father sometimes visited the appellant’s saloon, and on one occasion when the appellant refused to let his son have beer on account of his nonage, the father believing that his son, who was about nineteen years of age, would not become a drunkard, wrote and delivered to the appellant, on the spot, the following, order: “ Mr. Mascowitz: Please let my son John have anything in reason or a drink when he wants it, and oblige a friend,
[Signed] “ M. P. Harrison.”
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2Cited by3 opinions
- Gill v. StateSupreme Court of Georgia · 1891
- Connolly v. PeopleAppellate Court of Illinois · 1891
- Smith v. StateSupreme Court of Alabama · 1902