State v. Kittelle
Supreme Court of North Carolina
This was an indictment for selling intoxicating liquor to a minor, tried before Meares, J., at January Term, 1892, of the Criminal Court of Mecklenburg County. The defendant Kittelle was, at the time of the alleged sale, the proprietor of the Buford Hotel, in Charlotte, and of the bar connected therewith. The defendant had two clerks in his bar-room.
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This was an indictment for selling intoxicating liquor to a minor, tried before Meares, J., at January Term, 1892, of the Criminal Court of Mecklenburg County. The defendant Kittelle was, at the time of the alleged sale, the proprietor of the Buford Hotel, in Charlotte, and of the bar connected therewith. The defendant had two clerks in his bar-room. Shuman testified that he was a minor and unmarried, and that one of the clerks sold him beer, but he could not state which one it was,'and that Kittelle was not present when he bought the beer. The defendant Kittelle testified that he had given…
1Opinion of the Court
Clark, J.:
The Code, §§1077 and 1078, makes it a misdemeanor for any dealer in intoxicating liquor to sell directly or indirectly, or give away such liquor to any unmarried person under twenty-one years of age', knowing such person to be under that age, and that such sale or giving away shall be prima jade evidence of such knowledge, and further, that the father, mother, guardian or employer of a minor to whom intoxicating liquor shall be sold or given away, may maintain an action for exemplary damages, and that in no case can the jury award the plaintiff a less sum than twenty-five dollars.
The…
2Cases cited25 opinions
- Mugler v. KansasSupreme Court of the United States · 1887
- People v. RobyMichigan Supreme Court · 1884
- Snider v. StateSupreme Court of Georgia · 1888
- Carroll v. StateCourt of Appeals of Maryland · 1885
- State v. . McBrayerSupreme Court of North Carolina · 1887
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3Cited by23 opinions
- Boos v. StateIndiana Supreme Court · 1914
- State v. ConstatineWashington Supreme Court · 1906
- State v. Southern Railway Co.Supreme Court of North Carolina · 1907
- Boyd v. AllenSupreme Court of North Carolina · 1957
- City of Paducah v. JonesCourt of Appeals of Kentucky · 1907
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