State v. McGinnis
Supreme Court of Minnesota
Defendant was convicted before a justice of the peace of selling malt liquors to a minor, and sentenced to pay a-fine of $25 and costs. On appeal to the district court for Eice county, upon questions of law alone, the judgment was affirmed by Buchham, J., and defendant appealed. Gen. St. 1878, e. 16, § 10, makes it a penal offence for “any person” to sell malt liquors to a minor.
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Defendant was convicted before a justice of the peace of selling malt liquors to a minor, and sentenced to pay a-fine of $25 and costs. On appeal to the district court for Eice county, upon questions of law alone, the judgment was affirmed by Buchham, J., and defendant appealed. Gen. St. 1878, e. 16, § 10, makes it a penal offence for “any person” to sell malt liquors to a minor. In the same section the language is modified by “tavern, hotel-keeper, grocer, saloon-keeper, distiller, brewer, or any other person having or keeping intoxicating liquors.” Section 11 of the same chapter makes the…
1Opinion of the CourtDicKinsoN, J.
The defendant was prosecuted before a justice of the peace upon a charge, by complaint, of selling “malt liquor” to a minor. From a judgment of conviction the defendant appealed, upon questions of law alone, to the district, court, where the judgment was affirmed. From such judgment of the district court this appeal is taken.
1. We are asked to consider the fact that there is no allegation or proof that the defendant was a person licensed to sell liquor, or that he was a “tavern or hotel-keeper, merchant, grocer, saloon-keeper, distiller, brewer, or ' * * * other person having or keeping any…
2Cases cited3 opinions
- State v. MahoneySupreme Court of Minnesota · 1876
- Grannis v. St. Paul & Chicago Railway Co.Supreme Court of Minnesota · 1872
- State v. HydeSupreme Court of Minnesota · 1880
3Cited by2 opinions
- Ross v. RossSupreme Court of Minnesota · 1972
- Ross v. RossSupreme Court of Minnesota · 1972