State v. Coenan
Supreme Court of Iowa
Appeal from Linn Circuit Com't. The petition shows that the defendant sold or' gave away beer to one Albert Cooper, a minor. The defendant, in his answer, admits that he gave beer to the said Albert Cooper, but says that he did so by the order of his father, John Cooper, upon whose relation this action is instituted.
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Appeal from Linn Circuit Com't. The petition shows that the defendant sold or' gave away beer to one Albert Cooper, a minor. The defendant, in his answer, admits that he gave beer to the said Albert Cooper, but says that he did so by the order of his father, John Cooper, upon whose relation this action is instituted. The plaintiff demurred to the defendant’s answer upon the ground that it did not show that the defendant gave the beer upon the written order of the said John Cooper. The court sustained the demurrer. Defendant appeals.
1Opinion of the CourtAdams, J.
1. ciominal intoiifatinl liquors to minors. Section 1539 of the Code provides that “it shall be unlawful ■ for any person to sell or give away, by agent, or otherwise, any spirituous or intoxicating liquor, including wine and beer, to any minor, for any ° , , . , purpose whatsoever, unless upon the written order of his parent, guardian or family physician.” It is contended by the defendant that if it be shown that the parent’s consent was obtained it is immaterial whether it was obtained in writing or not. To this it is sufficient to say that it is not for us to override an express provision…
2Cited by5 opinions
- State v. JohnsonSupreme Court of Kansas · 1888
- State v. SasseSouth Dakota Supreme Court · 1894
- State v. GaryMissouri Court of Appeals · 1907
- Yakel v. StateCourt of Appeals of Texas · 1891
- Yakel v. StateCourt of Appeals of Texas · 1891