State v. McLain
Missouri Court of Appeals
Appeal from the LaFayette Criminal Cowrt. — Hon. John E. Ryland, Judge. (1) The trial court erred in refusing to give instruction, numbered 2, for the defendant. 2 Bouvier’s Law Dictionary [15 Ed.] p. 606, title, Sales; p. 353, title, Parties; 1 Bouvier’s Law Dictionary [15 Ed.] p. 392, title, Contracts; p. 134, title, Agency; 1 Parsons on Contracts [6 Ed.] top p. 519. A sale of liquor to a minor for his parent’s use is not a sale to the minor.
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Appeal from the LaFayette Criminal Cowrt. — Hon. John E. Ryland, Judge. (1) The trial court erred in refusing to give instruction, numbered 2, for the defendant. 2 Bouvier’s Law Dictionary [15 Ed.] p. 606, title, Sales; p. 353, title, Parties; 1 Bouvier’s Law Dictionary [15 Ed.] p. 392, title, Contracts; p. 134, title, Agency; 1 Parsons on Contracts [6 Ed.] top p. 519. A sale of liquor to a minor for his parent’s use is not a sale to the minor. Commonwealth v. Latterville, 120 Mass. 385 (1876); Milling Co. v. Ins. Co., 25 Mo. App. 259; Bank v. Lanergan, 21 Mo. 48; Belt v. Goode, 31 Mo. 128.…
1Opinion of the CourtSmith, P. J.
The defendant was indicted and convicted in the LaPayette county criminal court for-selling liquor to a minor. The evidence showed that John Kelly, an adult, wrote an order for liquor to the-defendant by James Kelly, his brother, who was a. minor; that defendant furnished liquor on said written order, and charged the same to John Kelly, who after-wards paid defendant for it. The court refused to instruct the jury that this was a sale to John Kelly and not a sale to James Kelly, the minor. The evidence further tends to show that the defendant made two-other sales to said minor, without a…
2Cases cited2 opinions
- Diel v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1889
- White v. MiddlesworthMissouri Court of Appeals · 1890
3Cited by6 opinions
- Utley v. HillSupreme Court of Missouri · 1900
- May Department Stores, Inc. v. Supervisor of Liquor ControlMissouri Court of Appeals · 1975
- State ex rel. Wheeler v. AdamsMissouri Court of Appeals · 1903
- State v. FeldmanMissouri Court of Appeals · 1910
- Leathers v. StateCourt of Criminal Appeals of Oklahoma · 1937
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