State v. Sasse
South Dakota Supreme Court
Error to circuit court, Clark county. Hon. J. C. Andrews, Judge. Indictment charging.defendant with unlawfully selling intoxicating liquor to a minor. Prom a judgment of conviction he brings error to this court. The facts are stated in the opinion. Intent is necessary to the commission of a crime, and it is a good defense to a charge of selling intoxicating drink to a minor, that the dealer has good reason to believe, and did believe, him to be of age.
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Error to circuit court, Clark county. Hon. J. C. Andrews, Judge. Indictment charging.defendant with unlawfully selling intoxicating liquor to a minor. Prom a judgment of conviction he brings error to this court. The facts are stated in the opinion. Intent is necessary to the commission of a crime, and it is a good defense to a charge of selling intoxicating drink to a minor, that the dealer has good reason to believe, and did believe, him to be of age. Sockett Instr. tp Jur. 735; Farrell v. State, 32 O. St. 456; Faulks v. People, 39 Mich. 200; Gaine v. State, 21 S. W. 367; Reynolds v. State,…
1Opinion of the Court
Fuller, J,
The plaintiff in error was charged with, indicted for,- and convicted of the offense of selling intoxicating liquor to a minor, in violation of section 5. C. 101, Laws 1890, which provides that ‘ ‘any druggist or pharmacist, or assisstant pharmacist in his employ, who shall * * * sell any intoxicating liquor, to any person whom he has reason to believe desires the same to use as a beverage; or shall sell liquor when he has reason to believe the liquor sold is not a remedy for the ailment described in the affidavit therefor; or shall sell, barter or give away, any intoxicating…
2Cases cited12 opinions
- People v. RobyMichigan Supreme Court · 1884
- State v. BeckerSouth Dakota Supreme Court · 1892
- State v. HartfielWisconsin Supreme Court · 1869
- State v. CainWest Virginia Supreme Court · 1876
- State v. KinkeadSupreme Court of Connecticut · 1889
7 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- State v. KlueberSouth Dakota Supreme Court · 1965
- State v. SchullSouth Dakota Supreme Court · 1938
- State v. BarrSouth Dakota Supreme Court · 1976
- State v. DormanSouth Dakota Supreme Court · 1897
- State v. BradleySouth Dakota Supreme Court · 1901
5 more not listed; retrieve them via the Exa API.