State v. Fagan
New York Court of General Session of the Peace
Indictment (No. 102 September Term, 1909,) for Unlawfully Selling Intoxicating Liquor, to-wit, whiskey, in quantities less than one quart to be drunk off the premises the defendant having only a license to sell liquors in like quantities to be drunk on the premises. The indictment was as follows: “New Castle County, ss.
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Indictment (No. 102 September Term, 1909,) for Unlawfully Selling Intoxicating Liquor, to-wit, whiskey, in quantities less than one quart to be drunk off the premises the defendant having only a license to sell liquors in like quantities to be drunk on the premises. The indictment was as follows: “New Castle County, ss. September Term, 1909. “The Grand Inquest for the State of Delaware, And the body of New Castle County, on their oath and affirmation, respectively, Do Present, That John Fagan late of New Castle Hundred, in the County aforesaid, on the first day of July in the year of our Lord…
1Opinion of the Court
Woolley, J.,
delivering the opinion of the Court:
The materiality of the question propounded and objected to as immaterial, depends upon the rule of law to be applied in this case, involving the criminal liability of a principal licensee for the unlawful act of his agent or servant.
The case at bar is distinguished from the case of the State vs. Peo, 1 Penn. 525, and from other cases where the holder of a license is indicted for violating the provisions of Section 14, Chapter 418 of Volume 14, Laws of Delaware, such as the sale of liquor to minors, to insane persons, to habitual drunkards, or…
2Cases cited3 opinions
- Berger v. WilcoxNebraska Supreme Court · 1909
- State v. MundyNew York Court of General Session of the Peace · 1909
- Commonwealth v. NicholsMassachusetts Supreme Judicial Court · 1845
3Cited by2 opinions
- State v. CookOregon Supreme Court · 1936
- State v. OleksyNew York Court of General Session of the Peace · 1912