Edgar v. State
Supreme Court of Arkansas
APPEAL from Craighead Circuit Court; Hon. L. L. Mack, Circuit Judge. STATEMENT. James T. Edgar was indicted and tried in the Craighead ’Circuit Couftat the March term, 1881, for selling liquor to a minor without the written consent of his parents or guar■dian. J. T. Reynolds, the minor, testified upon the trial that Edgar sold him a half pint of whisky on the thirteenth day -of August, 1880, at his saloon in Craighead County.
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APPEAL from Craighead Circuit Court; Hon. L. L. Mack, Circuit Judge. STATEMENT. James T. Edgar was indicted and tried in the Craighead ’Circuit Couftat the March term, 1881, for selling liquor to a minor without the written consent of his parents or guar■dian. J. T. Reynolds, the minor, testified upon the trial that Edgar sold him a half pint of whisky on the thirteenth day -of August, 1880, at his saloon in Craighead County. Witness was not 21 years- of age until the twenty-sixth day of August, 1880. Edgar refused to sell him the whisky until •witness told him he was of age on the sixth of…
1Opinion of the CourtHarrison, J.
i. liquor; »toSeminor ■mistake of •liis age.
It was no justification or excuse for the defendant that when he sold the liquor, both he and the minor believed that the latter was of age. He sold it at his ° peril. Redmond v. The State, 36 Ark., 58; Crampton v. The State, ante.
•2. onus as •consent.*8' ^ was n0^ necessary for the State to prove that the sale was not by the written consent of the parents or guardian of the minor; the burden of proving such consent was on the defendant. If given, the proof of it was peculiarly within his power.
Greenleaf says: “When the subject matter of a negative…
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