Mullinix v. People

Citations

• 76 Ill. 211

Syllabus

<p>1. Intoxicating liquors—sale to one in habit of getting intoxicated. On the trial of one indicted for selling intoxicating liquor to a person in the habit of getting intoxicated, the court instructed the jury, for the people, “that a person who is in the habit of drinking intoxicating liquors intemperately, is a person who is in the habit of getting intoxicated, within the meaning of the statute:” Held, that the instruction was erroneous. Intemperance does not necessarily imply drunkenness.</p> <p>2. Same—liable for act of agent or clerk. Under the act of 1872, relating to intoxicating liquors, a party keeping liquor for sale is liable, criminally, for sales made by agents, clerks, or servants in his employ, in violation of the act as to one in the habit of getting intoxicated, whether he knew they would make such sales or not. It is the duty of such person to see that his clerks and servants act prudently and discreetly, and observe the statute.</p> <p>3. But if the proprietor, in good faith, employs a clerk, believing him to have prudence and discretion, and forbids his selling liquor to the persons prohibited, and the clerk should disregard such orders, then, under this statute before its amendment, the proprietor would be protected ; but no opinion is given as to what the rule would be, in that regard, under the present statute.</p> <p>4. Same—effect of the repeal of the law. The statute which repealed the liquor law of 1872, in express terms saved and reserved the rights which had accrued under a repealed statute as to any offense committed against the former law, or as to any act done, any penalty, forfeiture or punishment incurred, or any right accrued; therefore the repeal of such act in nowise affected the people’s right to prosecute for penalties incurred under it.</p> <p>5. Instruction—as to the jury being judges of the law. On the trial of one for selling liquor to a person in the habit of getting intoxicated, the defendant asked the following instruc