Wallace v. State
Supreme Court of Arkansas
APPEAL from Crawford Circuit Court. Hugh F. Thomason, Judge. Tom L. Wallace was convicted under an indictment which charged that he sold and gave liquor to a minor without the written consent of his parent or guardian. It was proved that the minor was sent by his father in company with the defendant to the latter’s saloon to get some beer for which the father subsequently paid. An appeal was taken to test the sufficiency of the evidence to sustain a conviction.
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APPEAL from Crawford Circuit Court. Hugh F. Thomason, Judge. Tom L. Wallace was convicted under an indictment which charged that he sold and gave liquor to a minor without the written consent of his parent or guardian. It was proved that the minor was sent by his father in company with the defendant to the latter’s saloon to get some beer for which the father subsequently paid. An appeal was taken to test the sufficiency of the evidence to sustain a conviction. The act of 1889 (p. 122) cited provides as follows : “Any ¿person who shall sell or give away, either for himself or another, or be…
1Opinion of the CourtCockrill, C. J.
S;ile of liquor t0 min01‘ In the case of Siceluff v. State, 52 Ark., 56, a conviction for selling liquor to a minor without the written consent of his parent or guardian was sustained, although the proof showed that the minor acted as agent of htis parent in making the purchase. But in that case the seller was not apprised of the agency, and he dealt with the minor as though he were the vendee. In legal contemplation the relation of vendor and vendee existed between them, as was explained in that case. There was, therefore, a sale to the minor, and, as there was no pretense of written consent…
2Cases cited6 opinions
- O'Connell v. O'LearyMassachusetts Supreme Judicial Court · 1887
- Commonwealth v. FinneganMassachusetts Supreme Judicial Court · 1878
- Commonwealth v. LattinvilleMassachusetts Supreme Judicial Court · 1876
- Commonwealth v. DavisCourt of Appeals of Kentucky · 1876
- State v. McMahonSupreme Court of Connecticut · 1886
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Needy v. StateSupreme Court of Arkansas · 1894
- Leathers v. StateCourt of Criminal Appeals of Oklahoma · 1937
- Tony v. StateSupreme Court of Alabama · 1906
- In re Protest MacRaeNebraska Supreme Court · 1906
- Anderson v. StateSupreme Court of Arkansas · 1907