Legal Opinion

Siceluff v. State

Supreme Court of Arkansas

Decided May 15, 1889PublishedCited by 1 opinion

APPEAL from Lee Circuit Court. Hon. M. T. Sanders, Judge. The defendant was indicted for selling whisky to George Hockey, a minor, without the written consent of his parent or ■guardian. On the trial below, the evidence showed that the minor had purchased whisky from the defendant for laborers on his mother’s plantation, and with money furnished by her for that purpose.

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APPEAL from Lee Circuit Court. Hon. M. T. Sanders, Judge. The defendant was indicted for selling whisky to George Hockey, a minor, without the written consent of his parent or ■guardian. On the trial below, the evidence showed that the minor had purchased whisky from the defendant for laborers on his mother’s plantation, and with money furnished by her for that purpose. He was the agent of his mother and attended to her business on the plantation, and in purchasing .supplies for her tenants and laborers. The purchase of whisky from the defendant was made by the minor under his mother’s…

1Per curiam

Liquors: Sale to minor. As between a seller and an agent who deals-with him without disclosing the fact that he acts as agent, the latter, as well as the principal, is the purchaser.

A liquor seller who contracts with a minor may, therefore,, be convicted of selling liquor to a minor, notwithstanding the fact may subsequently be disclosed that the minor acted as. agent for his parent. Gillen v. State, 47 Ark., 555; Foster v. State, 43 Ark., 365; Ritcher v. State, 63 Miss., 304; Ross v. People, 24 Hun., 591; People v. Garrett, 36 N. W. Rep., 234; Com. v. McGuire, 11 Gray, 460.

Affirmed.

2Cases cited2 opinions

  1. People v. GarrettMichigan Supreme Court · 1888
  2. Ritcher v. StateMississippi Supreme Court · 1885

3Cited by1 opinion

  1. Tony v. StateSupreme Court of Alabama · 1906

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