State v. Kalb

Prosecution for selling liquor to a minor. Acquittal.

W. P. Edson, for the state.

On the trial, the Court permitted the defendant to prove that James Welborn, the minor to whom the liquor was sold, had the personal appearance of a man over twenty-one years of age.

This is complained of as error.

The statute prohibits the sale of liquor to a minor, and authorizes the sale to adults. It does not prescribe the mode by which the liquor-seller is to determine the question of age, and it may often be a difficult one.

Is the seller to ask every purchaser his age? Very well. Suppose'the answer states it…