Marshall v. State

— The appellant was convicted under an indictment for selling liquor to a minor.

A barkeeper, whose business is to sell fermented, vinous, or spirituous liquors, is within the meaning of R. C. § 3619, which prohibits any person who keeps these liquors from selling them to minors, &c., whether he owns the saloon or the liquors, or is merely employed to sell them.

The intention of the accused is an essential ingredient in this ‘ offence. But, in most cases, the act is .conclusive evidence of ■the intention. When the facts which constitute the offence are proved, the burden is thrown upon the…