Legal Opinion

People v. Parks

Michigan Supreme Court

Decided October 20, 1882PublishedCited by 8 opinions

Exceptions before judgment from Berrien. Information under Act 259 of 1881 for selling liquor to drunken persons. Kespondent was convicted below. Conviction set aside.

1Opinion of the CourtCampbell, J.

Respondent was convicted under the statute of 1881, making it a misdemeanor to sell intoxicating liquor to persons who are in the habit of becoming intoxicated. The sale was not made by respondent, but by a clerk. The court below held that the respondent was responsible for the knowledge of his clerk, as well as if he had known the condition of the vendee himself.

The statute in question prohibits sales by means of clerks as well as in person. Laws 1881, p. 355, § 12. And a subsequent section (13) makes violations of the statute misdemeanors, and punishable as such. But it would be an un just…

2Cases cited1 opinion

  1. Faulks v. PeopleMichigan Supreme Court · 1878

3Cited by8 opinions

  1. People v. RobyMichigan Supreme Court · 1884
  2. State v. BrownSupreme Court of Kansas · 1888
  3. People v. LongwellMichigan Supreme Court · 1899
  4. People v. DammMichigan Supreme Court · 1914
  5. Railway Co. v. RyanSupreme Court of Arkansas · 1892

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