186 Ind. 556 | Ind. | 1917
Appellant was charged and convicted in the Lake Circuit Court under §8022d Burns 1914, Acts 1911 p. 511. This statute is intended to protect the lives, the health and the morals of children of tender years and provides for several offenses in connection with the employment of children. Among other things,
The law was intended to prevent the employment of boys under sixteen years of age in a work which required them to be in a saloon or about the place where intoxicating beverages were being sold or handled so as to be exposed to the contaminating influences of the liquor traffic. It is not unlawful to employ such boys in another business in the vicinity of a saloon or even in another room located in the same building. If by reason of such proximity to a saloon they are led to enter it on any pretext, there is another statute under which the proprietor of the saloon could be punished for permitting minors to loiter in his place of business. §8828 Burns 1914, Acts 1895 p. 248. There is no evidence to show that appellant violated either the letter or the spirit of the statute under which he was charged.
The judgment is reversed, with directions to grant appellant’s motion for a new trial.
Note. — Reported in 117 N. E. 209. What is included in the term “premises” in a statute relating to the sale of intoxicating liquor, Ann. Cas. 1916C 1193.