Hipp v. State

Indictment against an innkeeper, under the statute of 1832, for selling a half pint of whiskey to aman who was intoxicated. Plea, the general issue. Verdict and judgment against the defendant.

There was evidence on the trial tending to show, that the whiskey was sold by an agent of the defendant; and the Court charged the jury, that though the sale was made by a person whom the defendant had left in his tavern as barkeeper, and though it was sold without the defendant’s knowledge, yet that the defendant was as guilty as if the sale had been made by himself.

To this instruction the defendant…