State v. Constatine

Citations

• 43 Wash. 102
• 86 P. 384
• 1906 Wash. LEXIS 661

Syllabus

<p>Criminal Law — Intoxicating Liquors — Sale to Minors by Agent. A saloonkeeper is guilty of selling liquor to a minor, where the sale was made hy his barkeeper, although defendant was out of town at the time the sale was madé and had no knowledge thereof.</p> <p>Criminal Law — Trial—Reopening Case. It is discretionary to reopen a case for further testimony upon defendant’s motion for a directed verdict.</p> <p>Criminal Law — Intoxicating Liquors — Sale to Minors — Instructions. Instructions properly stating the policy of the law and the theory of the prosecution of a principal for the act of his agent in selling liquor to a minor, should he refused, but are harmless when the jury is instructed that the saloonkeeper is responsible for the acts of his bartender.</p> <p>Same — Kowledge. Instructions as to whether a sale of liquor to a minor were knowingly made are proper, if they require that the defendant knew; or had such information from his appearance as would lead a prudent man to believe, if followed by inquiry, that the buyer was a minor.</p>