3 Conn. Cir. Ct. 181 | Conn. App. Ct. | 1965
Lead Opinion
These cases were presented together and, although separate, identical records have been filed, the appeals from the judgments rendered have been combined at the instance of the parties. The information originally filed in each case charged the defendant with the sale, delivery or giving of liquor to minors in violation of § 30-86 of the General Statutes. A minor under our Liquor Control Act is a person under twenty-one years of age. § 30-1 (12). In response to a motion, a bill of particulars was filed, alleging that the crime in each case consisted of delivery and the giving of liquor to minors on the premises of a private home, and that, at the time the alleged crime was committed, neither accused was a permittee or the servant or agent of any permittee within the meaning of § 30-86. To these informations and specifications the defendants demurred on the ground that the acts alleged did not constitute a crime under the provisions of
The procedure followed was with the complete knowledge and acquiescence of the defendants, who at all times were ably represented by counsel. In standing mute and allowing the findings of guilty and the judgments to enter against them, the defendants claim as authority, for the preservation of their right to present the questions of law raised by the demurrer, this single sentence, taken from the context of the opinion in State v. Sul, 146 Conn. 78, 83: “Upon the overruling of his demurrer, the defendant could have refused to plead over, let judgment enter, appealed from the judgment and raised the questions of law which he now presents.” In the Sul case, which attacked the constitutional validity of the statute under which prosecution was brought, the defendant did plead not guilty upon the overruling of the demurrer and, after trial, was found guilty on the merits. The practice followed in the present case fully accords with our precedent where the bare issue involved is the constitutionality of the very statute under which the defendant is charged; State v. Darazzo, 97 Conn. 728, 731; or where the information is so defectively framed as to be held bad upon a motion to quash or demurrer. State v. Tyrrell, 100 Conn. 101,102. In the situation before us, the validity of the statute was conceded and the only issue raised was one of its construction and its applicability to the few simple facts alleged in the information and the bill of particulars. Without our expressing ourselves on the adequacy of the information and its further specifications, it would seem that the case presented a factual sitúa
The only assignment of error in each appeal is that the court erred in overruling the defendant’s demurrer to the information as made more specific by the bill of particulars. The special ground of demurrer is that the delivery or giving of intoxicating liquors by the defendants to minors did not fall within the terms and intendment of § 30-86 because it took place on the premises of a private home. Section 30-86 reads as follows: “Sales to minors, intoxicated persons and drunkards. Any permittee who, by himself, his servant or agent, sells or delivers alcoholic liquor to any minor, or to any intox
The gravamen of the defendants’ argument bears on the statutory construction to be given to the quoted section and may be stated concisely as follows: (1) The statute, read in its entirety, is ambiguous in that it is capable of being understood as being applicable to the serving of liquor to a minor either in a private home or as part of a commercial transaction; (2) the title of § 30-86, “Sales to minors, intoxicated persons and drunkards,” can be fairly indicative of the meaning of the statute as having reference only to a gift or delivery involved in a commercial transaction; (3) the general designation “any person,” used in the latter part of the section, as well as the words “such liquors” must, by the operation of the rule of ejusdem generis, be considered as being of the same class of persons, acts and things as those described in the first part of the section, and therefore such phrases are employed solely in connection with a commercial transaction; and (4), if it were held otherwise, said latter portion of § 30-86 would be the only part of the Liquor Control Act regulating noncommercial use of alcohol and thus would be inconsistent with the remaining 112 sections of the act, so that, obviously, if all sections are read and construed as being in pari materia, the questioned section can be said reasonably to apply only to a delivery of alcoholic liquor as part of a commercial transaction and not to a transfer of liquor in a private home.
This was an original enactment, complete in itself, and definitive in expression and scope. It was nowhere described or referred to as an amendment to § 2696 of the Revision of 1902, which read as follows: “Sales to minors and others, and loitering, forbidden. Every licensed person, who by himself, his servant, or agent, shall sell or deliver spirituous and intoxicating liquor to any minor, either for his own use or the use of any other person, or to any intoxicated person, or to any husband, after having received notice from his wife not to sell or deliver such liquor to him, or to any wife, after having received notice from her husband not to sell or deliver such liquor to her, or to any habitual drunkard, knowing him to be such, or to any persons, after having received notice from the selectmen, as
It is an axiom of statutory construction that where the language of a statute, taken at its ordinary and usually understood meaning, is plain, unequivocal and unambiguous, the enactment speaks for itself and there is no occasion to construe it. “Where the language is plain and unambiguous, as in this case, the intent of a statute is to be determined from its language. Landry v. Personnel Appeal Board, 138 Conn. 445, 447 .... In such a case, the enactment speaks for itself and there is no occasion to construe it. State ex rel. Cooley v. Kegley, 143 Conn. 679, 683 . . . ; Wilson v. West Haven, 142 Conn. 646, 654 .... The words used in expressing the legislative intent are to be given their commonly approved meaning. General Statutes § 1-1; Southern New England Telephone Co. v. Public Utilities Commission, 144 Conn. 516, 522 . . . ; Spellacy v. American Life Ins. Assn., 144 Conn. 346, 354 . . . . It must also be presumed that the General Assembly had a purpose for every sentence, clause or phrase in the statute. McAdams v. Barbieri [143 Conn. 405, 419].” State v. Springer, 149 Conn. 244, 248; see Toll Gate Farms, Inc. v. Milk Regulation Board, 148 Conn. 341, 344; Park Regional Corporation v. Town Plan & Zoning Commission, 144 Conn. 677, 682; McAdams v. Barbieri, supra, 415-16, 418-19; General Tires, Inc. v. United Aircraft Corporation, 143 Conn. 191, 195; State ex rel. Cooley v. Kegley, supra;
In the construction of a statute, we cannot create doubt where none exists. The meaning of a statute is not to be ascertained by a retrograde approach, invoking uncertainties and inventing ambiguities, in order to arrive at an ostensible legislative indecision. To a reasonable mind, no ambiguity or uncertainty appears in the wording of the act of 1913 and the successor to it contained in § 30-86; and the statute makes clear that henceforth the public policy enunciated by the legislature was in furtherance of and beyond the earlier limitations of § 2696 of the Revision of 1902. The legislature could hardly make plainer its intention that the new act was to apply to all gifts or deliveries of spirituous or intoxicating liquors to minors, except those made by parents or guardians or on the order of a practicing physi
In the Revision of 1918, the act under review was, without change, made part of § 2795, the remainder
Where ambiguity or uncertainty exists in the interpretation of a statute, the terms of the title descriptive of the statute may be considered in determining the legislative intent; “but it cannot enlarge or confer power; Hazzard v. Gallucci, 89 Conn. 196, 200 . . . ; nor can it control the meaning of a statute when the legislative intent is clear from its text. New York, N.H. & H.R. Co. v. Orange, 91 Conn. 472, 479 . . . .” State ex rel. Hartnett v. Zeller, 135 Conn. 438, 442; Baker v. Baningoso, 134 Conn. 382, 387. “But 'titles are of little importance as compared with text as indicative of legislative intent.’ Root v. New Britain Gas Light Co., 91 Conn. 134, 140 .... The title cannot enlarge or restrict the meaning of a statute where the language of the text is plain and the intent is clearly expressed.” Mad River Co. v. Wolcott, 137 Conn. 680, 687. Moreover, in considering the title of a legislative act as an aid to resolving ambiguity and uncertainty in arriving at legislative intent, it is not the title contained in a compilation or revision that may be relied on as a guide but the title given to the enactment by the legislature. “The titles of legislation are often valuable aids to construction. Cedar Island Improvement Assn. v. Clinton Electric Light & Power Co., 142 Conn. 359, 370 .... But they are by no means conclusive. Mad River Co. v. Wolcott [supra]. What is significant in this case is the title of the bill when it was acted upon by the legisla
The defendant’s argument consequently fails because both the title and the text of chapter 10 of Public Acts, 1913, and the text of the successor statute § 30-86 are plain, direct, clear and unambiguous and susceptible of only one construction, if, indeed, any need for statutory construction is necessary. We, therefore, hold that the gift or delivery of intoxicating liquors to minors, notwithstanding such act occurred within the confines of a private residence, is not exempt from the proscription of § 30-86. “It is a cardinal rule, of course, that statutes should be construed by the courts in a way to give them validity. But that does not permit a court to distort the words in order to wring out of them a desired interpretation. Watrous v. Connelly, 141 Conn. 257, 263 . . . ; Lenox Realty Co. v. Hackett, 122 Conn. 143, 150 .... The construction placed upon the statute must stand.” Pierce v. Albanese, 144 Conn. 241, 247. “Interpretation must be interpretation of the Act, and not of some interpretation or attempted paraphrase of the Act, stated in view of the particular set of facts before the court . . . .” Fiarenso v. Richards & Co., 93 Conn. 581, 588.
The exemption of parents and guardians from the operation of § 30-86 cannot be said to be arbitrary, superficial or devoid of sound, practical reasons. Parents and those in loco parentis, through consanguinity or affinity, not only have a deep, immediate and personal interest in the welfare of their children and wards but, under law, may enforce correction
Because of the view we take of this case, it becomes unnecessary to consider in detail the remaining reasons advanced in the defendants’ argument. All of them are predicated on the assumed interpretation of § 30-86, urged by the defendants, that the law does not prohibit an act of hospitality gratuitously bestowed by a host on a minor guest, in his own home, even though that act amounts to a gift or delivery of intoxicating liquor as forbidden by § 30-86. From its origin, as we have stated above, the section of the statute directly under review has had only one purpose and meaning. It was intended to place out of reach of minors, through the act of any intervening human agency, unless exempted by statute, any intoxicating liquors as defined by law.
By the enactment of chapter 10 of the Public Acts of 1913, the legislature intended to say what it did say, and not to render superfluous, redundant or repetitious what it had made clear in terms of legislation already existing. “ ‘All statutes, whether remedial or penal, should be construed according to the apparent intention of the legislature, to be gathered from the language used, connected with the subject to the legislation, and so that the entire
In support of their position that, in other jurisdictions, penal statutes forbidding the sale, gift, or delivery of alcoholic liquors to minors have been held not to apply to the furnishing of liquor to minors while in the home as guests of the transferor, the defendants cite such cases as People v. Bird, 138 Mich. 31; Austin v. State, 22 Ind. App. 221; Reynolds v. State, 73 Ala. 3; Albrecht v. People, 78 Ill. 510; Commonwealth v. Carey, 151 Pa. 368; and Commonwealth v. Dickerson, 25 Ky. L. Rep. 1043. The trial court, in its memorandum of decision on the demurrers, and the prosecution, in its brief, had cited equally persuasive authority to the contrary, referring to such cases as Commonwealth v. Davis, 75 Ky. (12 Bush) 240; People v. Neumann, 85 Mich. 98; State v. Sifford, 51 N.M. 430. To these may be added State v. Stock, 169 Minn. 364, wherein it was held that the penalty of the statute cannot be escaped by showing that a gift of liquor to a minor was made in the spirit of hospitality or good fellowship.
While we accord due respect to the reasoning and interpretations placed by other courts on statutes of similar import in their respective jurisdictions, we must say in all candor that statutes of other
While this conclusion is dispositive of the present case, we have not neglected to consider the defendants’ ingenious argument that the construction we place on § 30-86 would render it violative of the first amendment to the federal constitution because it would necessarily follow that if the prohibition was applicable to every situation in which a person other than a parent or guardian delivered alcoholic liquor to a minor, then it would forbid the sacramental distribution of wine to minors as part of a religious service, thereby violating the constitutional guarantee of free exercise of religion. The argument is offered not as an attack on the constitutionality of the statute, for' that question was not raised in the trial court, but only as an observation that statutes are to be construed in harmony with constitutional requirements since the legislature is presumed to have intended a valid and not an invalid act; and a literal reading of § 30-86 would render it unconstitutional and invalid.
The sacramental use of wine has been an integral part of the ceremonial ritual of many of our religious sects from early colonial times. In enacting the predecessor of § 30-86, it is to be presumed that
There is no error.
In this opinion Dearington, J., concurred.
For summation of methods of control from colonial times to the end of the nineteenth century, reference is made to Malmo’s Appeal, 72 Conn. 1, 6.
Concurrence Opinion
(concurring). The defendants in these cases were each charged with a violation of § 30-86 of the General Statutes, which is captioned as follows: “Sales to minors, intoxicated persons and drunkards.” The statute makes it unlawful for any permittee, his servant or agent, to sell or deliver alcoholic liquor to certain enumerated classes of protected persons, viz.: minors, intoxicated persons, habitual drunkards, those whose names appear on a list, prepared by the selectmen of a town, who are receiving town aid and are known to use alcoholic liquor, and certain persons whose relatives have requested that sales be not made to them; “and any person, except the parent or guardian of a minor, who delivers or gives any such liquors to such minor, except on the order of a practicing physician, shall be [punished]’’ (italics supplied). A minor is defined
The informations and bills of particulars in each case are identical. They charge the defendants in a single count with the giving and delivery of liquor to minors on or about “6/22/64 & 6/23/64” at the “premises of a private home, in Darien, Connecticut.”
It would appear that the procedure followed in the trial court conforms with our established practice. See State v. Darazzo, 97 Conn. 728, 731; State v. Tyrrell, 100 Conn. 101, 103; cf. State v. Nelson, 126 Conn. 412, 414; State v. Zazzaro, 128 Conn. 160, 161. In State v. Sul, 146 Conn. 78, a criminal prosecution for possession of obscene literature, our Supreme Court of Errors said (p. 83): “Upon the overruling of his demurrer, the defendant could have refused to plead over, let judgment enter, appealed from the judgment and raised the questions of law which he now presents.” “[A] demurrer must stand or fall upon the allegations of the pleadings demurred to, which cannot be aided by importing into it facts not therein alleged.” Tomes v. Thompson, 112 Conn. 190, 198. The function of the court on demurrer is to consider the whole record and give judgment for the party who, on the whole, appears to be entitled to it. White v. Avery, 81 Conn. 325, 328; Palmer v. Des Reis, 136 Conn. 627, 631. We may properly treat the demurrers in these cases as general ones and sustain them if the informations were insufficient for any cause, though such cause was not mentioned in the specifications. See State v. Gallagher, 72 Conn. 604, 606; State v. McKee, 73 Conn. 18, 24; State v. Pape, 90 Conn. 98, 100; State v. Murphy, 90 Conn. 662, 664.
We come now to the main points raised by the defendants upon oral argument and in their briefs. They insist that the statute 30-86) was never intended to apply to them but has reference only to permittees, their servants or agents. “In making this contention they invoke the rule of construction known as ‘ejusdem generis,’ which is that where general words follow an enumeration of persons
The subject of a penal law may generally be perceived by ascertaining what mischief or evil the law was designed to remedy or prevent. See Newton’s
The argument is advanced on behalf of the defendants that the furnishing of liquor to minors in the defendants’ home as an act of hospitality does not constitute a violation of the statute.
The claim is also advanced that the state’s interpretation of the statute will lead to certain bizarre and absurd results. “With the wisdom or unwisdom of this legislation, this court has, of course, nothing to do. It is our function to interpret the legislative will, not to question its exercise.” Connelly v. Bridgeport, 104 Conn. 238, 249; see Wallingford v.
Nor is § 30-86 new law in this state. It is true that at the turn of the century, it was unlawful only for licensed persons, their servants or agents to sell or deliver spirituous and intoxicating liquor to any minor, either for his own use or for the use of another person. Rev. 1902, § 2696. In 1909, the act was amended in certain particulars, not relevant here, but the prohibition applied only to licensed persons. Public Acts 1909, c. 196. But in 1913 the statute was drastically enlarged so as to encompass within its terms the following: “Every person, except the parent or guardian of a minor, who shall deliver or give any spirituous or intoxicating liquors to such minor, except on the order of a practicing physician, shall be . . . [punished]” (italics supplied). Public Acts 1913, c. 10. Subsequently, the 1902 and 1913 versions were combined into one all-inclusive statute. Rev. 1918, § 2795. By the terms of that statute, it was not only unlawful for licensed persons, their servants or agents to sell or deliver spirituous and intoxicating liquor to a minor; the prohibition was extended so that “every person,” with certain specified exceptions, was barred from giving or delivering such liquors to any minor. Since 1918, the act has appeared in substantially the same form. See Cum. Sup. 1933, § 727b,
The trial court did not err in overruling the demurrers and in adjudging the defendants guilty of a violation of the statute.
The informations and bills of particulars appear to have been drawn in a cursory manner. They do not spell out the specifics of the offense. See State v. Couture, 151 Conn. 213, 216; Practice Book § 493 (b). We assume, as did the trial court and the parties, that the substance which the defendants are alleged to have given or delivered to minors is “alcoholic liquor.” The informations should have used the words of the statute. Por the purpose of this appeal, since the question was not raised in the court below nor pursued here, we construe the word “liquor,” as used in the informations and bills of particulars, to mean “alcoholic liquor,” more particularly defined in § 30-1 (2). See 48 C.J.S., Intoxicating Liquors, § 8; 30 Am. Jur., Intoxicating Liquors, § 8; 3 Wharton, Criminal Law and Procedure § 1011; Newton v. State ex rel. Attorney General, 234 Ala. 91; Pennell v. State, 141 Wis. 35, 38.
In 1937, in Commonwealth v. Randall, 34 North. Co. Rep. 118 (Pa.), aff’d, 183 Pa. Super. 603, cert. denied on other grounds (see petitioner’s brief, Rec. & Briefs, p. 4), 355 U.S. 954, the defendants Bandall and Wofsy, both of whom were unlicensed persons, furnished minors with beer, whiskey and vodka at a “drinking party” in Bandall’s home. They were convicted for a violation of § 493 (1) of the Pennsylvania Liquor Code of 1951, which is strikingly similar to our own statute. They sought to arrest the judgment on the convictions on substantially the same grounds as raised on this appeal. The
It may not be amiss to point out that the defendants cited and relied upon People v. Bird, 138 Mich. 31, decided in 1904, noted in 30 Am. Jur. 674, n.5, Intoxicating Liquors, § 240, in support of the
It is interesting to note that under § 727b of the 1933 Cumulative Supplement it was unlawful to deliver or give aleoholio liquor “to any minor under the age of eighteen.” The term “minor” was defined in 1939 to mean any person “under twenty-one years of age.” Cum. Sup. 1939, § 947e. It has remained so ever since.