State v. McMahon
Supreme Court of Connecticut
Complaint by a prosecuting agent, for the sale and delivery of intoxicating liquor to a minor; brought, by appeal of the defendant from the judgment of a justice of the peace, to the Superior Court in Hartford County, and tried to the jury in that court, on the plea of not guilty, before Carpenter, J. The statute charged to have been violated is as follows: “Every licensed person, who by himself, his servant or agent, shall sell or deliver spirituous and intoxicating liquor…
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Complaint by a prosecuting agent, for the sale and delivery of intoxicating liquor to a minor; brought, by appeal of the defendant from the judgment of a justice of the peace, to the Superior Court in Hartford County, and tried to the jury in that court, on the plea of not guilty, before Carpenter, J. The statute charged to have been violated is as follows: “Every licensed person, who by himself, his servant or agent, shall sell or deliver spirituous and intoxicating liquor to any minor, * ® ® or allow any minor to loiter on the premises where such liquors are kept for sale, shall be fined…
1Opinion of the CourtGranger, J.
This is a prosecution against a person •licensed to sell intoxicating liquors, for the sale and delivery of such liquors to a minor in violation of the act of 1882, which provides that “ every licensed person who shall sell or deliver intoxicating liquor to any minor,” shall be fined, &c. Session Laws of 1882, chapter 107, part 6, section 4, p. 186. And the case depends upon the construction to be given to that act.
The statute is a penal one and is to be strictly and fairly construed and not to be extended beyond cases clearly within both its letter and spirit. This rule is well settled. “ A…
2Cases cited3 opinions
- Commonwealth v. LattinvilleMassachusetts Supreme Judicial Court · 1876
- French v. GraySupreme Court of Connecticut · 1816
- State v. RyanSupreme Court of Connecticut · 1883
3Cited by10 opinions
- State v. FaatzSupreme Court of Connecticut · 1910
- State v. PennerSupreme Court of Connecticut · 1912
- May Department Stores, Inc. v. Supervisor of Liquor ControlMissouri Court of Appeals · 1975
- State v. HughesConnecticut Appellate Court · 1965
- Leathers v. StateCourt of Criminal Appeals of Oklahoma · 1937
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