O'Flinn v. State

Citations

• 66 Miss. 7

Syllabus

<p>1. Criminal Law. Selling liquor to minor. Knowledge of minority immaterial.</p> <p>Under the act approved February 23, 1882 (Acts 1882, p. 10), a person selling liquor to a minor is guilty and punishable, whether he knows that the buyer is a minor or not.</p> <p>2. Sale op Liquors. Bond of seller; conditions thereof.</p> <p>A bond of a licensed retailer, which is conditioned among other thing to observe and keep all the provisions of the revised code of 1880, must be construed to mean the code as it had been amended, and was in force at the time of the execution of the bond.</p> <p>3. Sale by Ostensible Agent. Bond prima facie liable.</p> <p>It is prima facie evidence of a breach of the bond, if it be shown that the saloon was open, and a minor entered and bought intoxicating liquors from a person behind the counter, and transacting the business, and with an apparent right to sell.</p> <p>4. Presumption as to Agent’s Authority How Met.</p> <p>This presumption is not overcome by the testimony of the dealer, that only himself and clerk were authorized to .sell, and of himself and the clerk, that neither of them sold the liquor. The bond is in effect conditioned that the dealer will not violate the law, and will not suffer it violated in his business.</p>