State v. Hartfiel
Wisconsin Supreme Court
CERTIFIED from tRe Circuit Court for Vernon County. Hartfiel was indicted for selling spirituous liquors to one Pennell, a minor, in violation of cRapter 36, Laws of 1866, and cRapter 128, Laws of 1867. TRe evidence for tRe prosecution sRowed tRat Re inquired of Pennell, before letting Rim Rave tRe liquor, wRetRer Re was of age, and received an answer in tRe affirmative, and also sRowed tRat Pennell was six feet and one incR in ReigRt.
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CERTIFIED from tRe Circuit Court for Vernon County. Hartfiel was indicted for selling spirituous liquors to one Pennell, a minor, in violation of cRapter 36, Laws of 1866, and cRapter 128, Laws of 1867. TRe evidence for tRe prosecution sRowed tRat Re inquired of Pennell, before letting Rim Rave tRe liquor, wRetRer Re was of age, and received an answer in tRe affirmative, and also sRowed tRat Pennell was six feet and one incR in ReigRt. TRe jury were instructed tRat ignorance or mistake on tRe part of tRe accused, as to tRe fact tRat Pen-nell was a minor, was no defense. Yerdict, guilty. TRe…
1Opinion of the CourtDixow, C. J.
The authorities cited by the assistant attoney general seem to leave no doubt as to the disposition which ought to be made of this case. The words “knowingly” or “willfully,” or other words of equivalent import, are omitted from the statute, and the offense is made to consist solely in the fact of a sale of intoxicating liquors or drinks to a minor. Laws of 1867, ch. 128, § 1. The authorities cited are to the effect that, where a statute commands that an act be done or omitted, which, in the absence of such statute, might have been done or omitted without culpability, ignorance of the fact,…
2Cases cited2 opinions
- Barnes v. StateSupreme Court of Connecticut · 1849
- White v. WhiteCourt of Appeals of Kentucky · 1859
3Cited by56 opinions
- People v. RobyMichigan Supreme Court · 1884
- State v. CollovaWisconsin Supreme Court · 1977
- McCutcheon v. PeopleIllinois Supreme Court · 1873
- State v. PrestonWisconsin Supreme Court · 1874
- Boos v. StateIndiana Supreme Court · 1914
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