Stern v. State
Supreme Court of Georgia
Criminal law. Mistake. Minors. Before Judge Rice. Clarke Superior Court-. February Term, 1874. • Myers Stern was tried at the November term, 1873, of the county court of Clarke county for the offense of allowing a minor, Frank Talmadge, to play at billiards without the consent of his parent or guardian.
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Criminal law. Mistake. Minors. Before Judge Rice. Clarke Superior Court-. February Term, 1874. • Myers Stern was tried at the November term, 1873, of the county court of Clarke county for the offense of allowing a minor, Frank Talmadge, to play at billiards without the consent of his parent or guardian. The evidence made out a prima facie case for the state, but for the defense it was shown that Stern, before allowing Talmadge to play on his table, had inquired as to his age and had been informed by said minor that he was an adult; that he appeared to be over twenty-one years of age, and that…
1Opinion of the Court
McCay, Judge.
1. We agree with the counsel for the plaintiff in error that the county judge did not take a proper view of the law on the trial. To make a crime, there must be the union of act and intent, or there must be criminal negligence. It is not conclusive evidence of guilt on the part of the defendant that he permitted this young man to play at his table; that the young man was, in fact, a minor, and that the parent did not. consent. These facts, it is true, make a prima facie case, and if they stood alone, the guilt of the defendant would be manifest; but evidently there was evidence…
2Cited by8 opinions
- Loeb v. StateSupreme Court of Georgia · 1885
- State v. BrownSupreme Court of Kansas · 1888
- Masters v. United StatesDistrict of Columbia Court of Appeals · 1914
- Miley v. StateSupreme Court of Georgia · 1903
- Askew v. StateCourt of Appeals of Georgia · 1908
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