State v. Fahey

Citations

• 21 Del. 585
• 5 Penne. 585
• 65 A. 260
• 1904 Del. LEXIS 53

Syllabus

<p>Criminal Law—Intoxicating Liquor—Selling Unlawfully—Minor— Representation of Age by Minor— When a Defense—Diligence and Care on Part of Seller.</p> <p>1. In a trial for unlawfully selling intoxicating liquor to a minor the defendant is permitted to show that he was told by the alleged minor at or before the time of the sale, that he was twenty-one years of age.</p> <p>2. The seller of the liquor is not absolutely bound to know the age, that is, whether the purchaser is under twenty-one years of age, but he is bound to use all reasonable means for ascertaining the fact whether he is under the age of twenty-one years at the time of the alleged sale.</p> <p>3. It is for the jury to determine, (i) whether the intoxicating liquor was sold to the minor by the defendant and (2), if so, whether the defendant used all the means reasonably necessary to ascertain and know whether or not he was under the age of twenty-one years. If he did use all the reasonable means necessary under the circumstances to ascertain that fact, and honestly believed he was twenty-one years of age and was deceived, then the jury may render a verdict of not guilty.</p> <p>4. The law was made for the protection of minors against the use of intoxicating liquors ; and if the liquor dealer takes advantage of any information which he may have (without having exercised reasonable care and diligence in acquiring accurate information under all the circumstances), for the purpose of avoiding his duty or, as a cover for the violation of the law, then he would be guilty.</p>