State v. Linder

Citations

• 76 Ohio St. (N.S.) 463

Syllabus

<p>Prosecution for unlawful sale of intoxicating liquors — Under Section 4364-25, Revised Statutes — Evidence of refusal to sell at other times — Inadmissible—Error for court to charge that one may not treat guest to drink in his home, when — Laws of evidence.</p> <p>1. In the trial of a prosecution under section 4364-25, Revised Statutes, for keeping a place where intoxicating liquors are kept for sale, given and furnished as a beverage, and for an illegal sale of intoxicating liquors to be used as a beverage, it is error to admit, over the objection of the state, testimony that the defendant, at other times refused to sell or give away such liquor as a beverage to the same or other persons.</p> <p>2. Where, in such case, the evidence tends to show that the place was a room used for business purposes, and commonly called a barroom, and does not tend to show that the same was or had been used as a dwelling or part thereof, it is misleading, and for that reason error for the court to charge the jury that the law was never intended to prevent a man from, in his own home, treating a friend, if he is his guest, to a drink of liquor, for a man has a right to give to a guest, that is a visitor, to his home, as a guest, intoxicating liquors, if it be done in good faith and without any intention of violating the law. Such charge offends against the rule that the instructions to the jury should be confined to the case which the evidence tends to establish.</p>