48 Mo. App. 39 | Mo. Ct. App. | 1892
Defendant was convicted in the circuit court of Bates county on an information charging that he, “being then and there a dramshop keeper,” did unlawfully sell intoxicating liquors to a minor without written permission, etc.
Revised Statutes, 1889, section 4569, define a dram-shop keeper as “a person permitted by law, being licensed according to the provisions of this article, to sell intoxicating liquors in any quantity not exceeding ten gallons.” Section 4588 of the same statute provides that “Every dramshop or wine and beer-housekeeper, or any other person, who shall sell intoxicating liquors to a minor without written consent of the parent,” etc., shall be liable to a conviction. The section further provides that if the offense be committed by a dramshop or wine and beer-housekeeper he. shall
II. The age of the alleged minor may be proven by witnesses first describing the appearance of the person and then giving their opinion of his age. Benson v. McFadden, 50 Ind. 431; Commonwealth v. O’Brien, 134 Mass. 198. In the latter case a witness stated that ■on a certain day a female of youthful appearance: and in stature about as high as an ordinary man’s shoulder, •clad in a hat, shawl and short dress reaching to the knee, entered the place of business of defendant and purchased of him some ale. After so testifying, he was asked: “What in yonr opinion was the age of this girl?” and answered “not over thirteen years of age.” The question and answer were decided to be proper.