State v. De Villiers

OPINION

BRETT, Presiding Judge:

The State of Oklahoma has appealed on a reserved question of law from an order of the District Court of Cleveland County, sustaining the appellee’s demurrer to the State’s evidence at the trial of Cleveland County Case No. CRF-79-195. The question is what evidence is needed to establish a prima facie case of knowingly selling an alcoholic beverage to a minor.

*757The basis of the trial court’s dismissal was the State’s alleged failure to show that the appellee knew his customer was a minor. He ruled that the State was required to prove the appellee had actual…