Gillan v. State
Supreme Court of Arkansas
APPEAL from Nevada Circuit Court Hon. L. A. Byrne, Judge. Criminal statutes are construed strictly, and the word sale has a technical legal signification. Bouvier, vol. 2., p. 492; Rapalje Law Die., vol. 2,p. 1144. Sec. 1838, Mansf. Dig., only applies to sales to minors, and there is no law against the exchange of liquor.
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APPEAL from Nevada Circuit Court Hon. L. A. Byrne, Judge. Criminal statutes are construed strictly, and the word sale has a technical legal signification. Bouvier, vol. 2., p. 492; Rapalje Law Die., vol. 2,p. 1144. Sec. 1838, Mansf. Dig., only applies to sales to minors, and there is no law against the exchange of liquor. See 43 Ark., 351; 30 Ala., 391; 12 N. H., 390; 32 Barb., 630; 3 Heisk., 555! 65 Ind., 409. The sale to the negro and the exchange to the minor are all one transaction for the same consideration; and constitute a sale. 43 Ark., 336.
1Opinion of the Court
- Cockrill, C. J.
1. L I Q U 0 Selling to r;-
The,appellant was indicted for selling liquor to a minor without the consent of his parent or guardian and was convicted.
It was proved that the minor gave money to a negro to purchase liquor for him, and that the negro made the purchase of the appellant, at his saloon, in the minor’s absence, without disclosing his agency. The liquor, it seems, was not to the minor’s taste, and he returned it to the appellant in person at his saloon and received a different brand from him in lieu of it.
It is not contended that the appellant, when he delivered the…
2Cases cited3 opinions
- Gunter v. LeckeySupreme Court of Alabama · 1857
- Siegel v. PeopleIllinois Supreme Court · 1883
- Stevenson v. StateIndiana Supreme Court · 1879
3Cited by6 opinions
- Harper v. StateSupreme Court of Arkansas · 1909
- Leathers v. StateCourt of Criminal Appeals of Oklahoma · 1937
- Robinson v. StateSupreme Court of Arkansas · 1894
- Sturgill v. Lovell Lumber Co.West Virginia Supreme Court · 1948
- Sumner v. StateIndiana Court of Appeals · 1892
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