State v. Sasse

Citations

• 6 S.D. 212
• 60 N.W. 853
• 1894 S.D. LEXIS 144

Syllabus

<p>1. One Who sells intoxicating liquor to a minor, though innocently ignorant of the fact, violates and incurs the penalty of the law, notwithstanding the purchaser makes an affidavit that he is over the age of 21 years. While good faith and honest intention constitute no defense, evidence of that character should he considered in mitigation of the penalty.</p> <p>2. This court, having declared the provisions of the prohibitory law to be constitutional in the case of State v. Becker, 51 N. W. 1018, so far as they relate to the subject of unlawful sales, declines to consider other constitutional questions raised in appellant’s brief, but not discussed, and which in no manner affect the accused.</p> <p>(Syllabus by the Court.</p>