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· 5/15/1885

Monroe v. People

Citations

  • 113 Ill. 670
  • 1885 Ill. LEXIS 742

Syllabus

<p>1. Selling intoxicating liquobs to minob—of the proof that a sale was made. On the trial of one indicted for selling intoxicating liquor to a minor, the minor testified: “I know where defendant’s place of business is. He keeps a saloon under * * * I have been in his place, and have drank intoxicating liquors there, within the past eighteen months, five or six times, and paid for it. The last time was about four months ago. I obtained it of his bar-tender. I drank beer. I don’t remember how many times I bought and paid for intoxicating liquor at his place—in my best judgment it was several times. I am nineteen years of age:” Held, that this evidence was sufficient to justify a finding that intoxicating liquor was sold.</p> <p>2. Same—burden of proof to show authority for sale to a minor. To convict a dram-shop keeper of selling intoxicating liquor to a minor, it is sufficient to prove the sale to the minor, without showing it was made without the written order of the parent, guardian or family physician. If the sale is made under such written order, the defendant must show that fact in defence, to exonerate himself from the statutory penalty.* </p>

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