Mogler v. State
Supreme Court of Arkansas
APPEAL from Phillips Circuit Court. Hon. M. T. Sanders, Circuit Judge. 1. The indictment does not negative an order in writing from the parent or guardian. 33 Ark., 324; 33 Id-., 403. In constrüing a statute effect must be given to every word, and none are to be treated .as surplusage, etc. 33 Cal., 336; 14 Md., 184; 11 Ark., 44; 22 Pick., 331. 2. The appellant was not present when the sale was made, nor did he consent to it in any manner, but it was against his positive…
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APPEAL from Phillips Circuit Court. Hon. M. T. Sanders, Circuit Judge. 1. The indictment does not negative an order in writing from the parent or guardian. 33 Ark., 324; 33 Id-., 403. In constrüing a statute effect must be given to every word, and none are to be treated .as surplusage, etc. 33 Cal., 336; 14 Md., 184; 11 Ark., 44; 22 Pick., 331. 2. The appellant was not present when the sale was made, nor did he consent to it in any manner, but it was against his positive instructions and orders. A person cannot be criminally punished for the act of another. 36 Ark., 133. Robinson v. State, 38…
1Opinion of the CourtCockrill, C. J.
It is a misdemeanor to be interested in a sale of liquor to a minor “ without the written consent or order of the parent or guardian.” Mansf. Dig., sec. 1878. The appellant was indicted and convicted of this offense. The charge was in the language of the statute except in this particular, viz: the words “or order” were omitted from the indictment. There was a demurrer and a motion in arrest of judgment on this account, which the court overruled.
The existence of an order from the parent or guardian for the sale of the liquor was negatived by the allegation that the sale was made without…
2Cited by5 opinions
- Bell v. StateSupreme Court of Arkansas · 1910
- Feeley v. United StatesCourt of Appeals for the Eighth Circuit · 1916
- State v. ErlandsonMontana Supreme Court · 1952
- Wilson v. StateSupreme Court of Arkansas · 1898
- State v. ErlandsonMontana Supreme Court · 1952