Murphy v. People

Citations

• 90 Ill. 59

Syllabus

<p>1. Criminal law—selling liquor lo one in habit of getting intoxicated. To support a conviction for selling intoxicating liquor to a person in the habit of getting intoxicated, it is not essential the evidence shall show, beyond a reasonable doubt, that such person is constantly or usually intoxicated, but it is sufficient to show that he has been frequently intoxicated, and has thereby acquired an involuntary tendency to become intoxicated.</p> <p>2. Although the proof showed that the person to whom liquor was sold had been drunk only from three to five times within the past two years before the trial, the court were unable to say the jury were unauthorized to find he was in the habit of getting intoxicated.</p> <p>3. Evidence—negative. The testimony of witnesses having a pretty fair knowledge of a person’s habits, that they never saw him intoxicated, is negative evidence, and does not disprove affirmative testimony of others as to having seen him drunk.</p>