Hiers v. State

Citations

• 52 Fla. 25

Syllabus

<p>CRIMINAL LAW — INTOXICATING LIQUORS — SELLER FOR SELF OR AS AGENT FOR ANOTHER INDICTABLE. — PURCHASER FOR SELF OR FOR ANOTHER NOT LIABLE.</p> <p>1. The 3rd section of Chapter 4930, Laws of 1901, makes proof of the delivery of liquor and receipt of money therefor only prima facie evidence that the party so delivering the liquor and receiving the money therefor is \\ the owner of such liquor, and the courts should so instruct juries in such cases, and they should be further instructed that the defendant may rebut this presumption by proving if he can that he was not in fact the owner of either the liquor delivered, or of the money received, for same, and was not acting as the agent of the seller or owner in making the delivery of the liquor and in receiving the money therefor, and that if he so proves then he can not be convicted. A mere purchaser of liquor for one’s self or for another does not in so purchasing violate the laws against the sale of liquors.</p> <p>2, It is well settled that one who, in violation of law, sells intoxicating liquors as the servant of another, is liable personally, as well as his principal, to indictment, although he acted without compensation in making the sale. If he actually does the selling of the liquor, either on his own account as the owner thereof, or as the servant or agent of the oioner, he should be convicted; but if he does not make the sale, and has no interest in the liquor sold or in the price received for it, but merely acts in the transaction as the purchaser or agent of the purchaser of the liquor sold, he can not be convicted.</p>