State v. . Scoggins

Sep 5, 1890

Versions:107 N.C. 959

12 S.E. 59

Avery, J.:

Thе witness Rigsbee was only eighteen years old, and in the conduct of their business all dealers in spirituous liquors are presumed to act with a knowledge of that fact. He had repeatedly, within two years before the finding of the indictment, gone into the room where the defendants, as partners, retailed spirituous liquors, after giving to some adult, who аccompanied him to the counter ‍‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‍of the bar-room, the money to pay for two drinks, and had seen the dеfendants set out two glasses in response to a call by his companion for drinks for both, and after the drinks were taken by both, had seen the defendants receive pаyment for them from the person to whom the witness had furnished the money on the outside, but never in the presence оf either of the defendants.

*961 This is not one of those cаses in which the jury must find whether there was an actual intent on thе part of the defendants to evade the statute. The law presumes ‍‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‍that they intended the natural consequеnces of their own act, and if they sold in violation of thе express terms of the statute, they were guilty ipso facto, whatever might have been their actual purpose. State v. McBrayer, 98 N. C., 619; State v. Lawrence, 97 N. C., 492. The law raisеs a presumption that the defendants knew that Rigsbee wаs under twenty-one years old, and there is no evidence to rebut it, but, on the contrary, the testimony as to his youthful appearance strengthens the artificial forcе given by statute to the bare proof of his age. When, thеrefore, they saw Rigsbee come into their bar-room ‍‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‍time and again, and repeatedly placed glаsses upon the counter at the request of his adult companion, but for the use of both, it was an attempted еvasion of the law so palpable that the Court was warranted in passing upon their guilt upon demurrer to the tеstimony, and instructing the jury to return a verdict accordingly.

The dеalers, in this instance', delivered the spirituous liquors directly to a boy, known to them to be under twenty-one years of age, by handing him a bottle and glass. If it is not a sale, it is, within the meaning of the statute, giving the spirituous ‍‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‍liquors to the minor, though another may have paid for it. The evil intended to be remedied was the demoralization of young persons by furnishing to them intoxicating drinks and leading them into ruinous habits, even with the permission of a parent. State v. Lawrence, supra.

The demurrer was upon the ground that there was no testimony sufficient to show a sale by both defendants on anjr parficular occasion. The Judge instructed the jury that, if they ‍‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‍believed the evidence, both were guilty. In misdеmeanors there are no accessories, but аll are either principals or not guilty at all. Where оne partner is present and sees. *962 the other partner sell to a boy under twenty-one years old, or eithеr or both permit a clerk to do the same thing in their presences, an indictment will lie against both or either who may be present, just as though he had actually delivered the drinks. State v. Caswell, 21 Tenn , 399; 2 Wharton’s C. L, § 2458.

Affirmed.