Territory of New Mexico v. Digneo
New Mexico Supreme Court
Appeal from the District Court for Santa Fe County before John R. McFie, Associate Justice. It is not unlawful to sell or give intoxicating liquor to a person over the age of eighteen years who is not a pupil at a school or college. C. L. 1897, sec. 1235, repealed by C. D. sec. 1270 and Laws 1901, chap. 3, sec. 1; 1 Fed. Stats. Ann. p. 110; Frost v. Wenie, 157 H. S.'58; Beals v. Hale, 4 How. 53; 1 Fed. Stats. Ann., p. Ill; IT. S. v. Greathouse, 166 IT.
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Appeal from the District Court for Santa Fe County before John R. McFie, Associate Justice. It is not unlawful to sell or give intoxicating liquor to a person over the age of eighteen years who is not a pupil at a school or college. C. L. 1897, sec. 1235, repealed by C. D. sec. 1270 and Laws 1901, chap. 3, sec. 1; 1 Fed. Stats. Ann. p. 110; Frost v. Wenie, 157 H. S.'58; Beals v. Hale, 4 How. 53; 1 Fed. Stats. Ann., p. Ill; IT. S. v. Greathouse, 166 IT. S. 601. ' The Act of 1901 cannot be construed to repeal by implication section 1245 of C. L. 1897. Lewis Sutherland Stat. Const., 2 ed., secs.…
1Opinion of the Court
OPINION OP THE COURT.
MILLS, C. J.
The single point involved in this case is whether or not it is unlawful under the laws of this Territory to sell or give intoxicating liquors to minors over the age of eighteen years without the consent of the parent or guardian of such minor.
Three laws have been passed by the Territorial Legislature in regard to the selling or giving of intoxicating liquors to minors, to-wit:
Sec. 1235 C. L. 1897, passed February 15, 1854, pro-' vides:
“If any person, by himself, or by his agent, shall sell or give any intoxicating liquor to any minor, without the consent of…
2Cases cited2 opinions
- Frost v. WenieSupreme Court of the United States · 1895
- United States v. HealeySupreme Court of the United States · 1895
3Cited by3 opinions
- Atchison, T. & S. F. Ry. Co. v. Town of Silver CityNew Mexico Supreme Court · 1936
- Stokes v. New Mexico State Board of EducationNew Mexico Supreme Court · 1951
- Rader v. RhodesNew Mexico Supreme Court · 1944