[Download] "State v. Gussenhoven" by Supreme Court of Montana # eBook PDF Kindle ePub Free
eBook details
- Title: State v. Gussenhoven
- Author : Supreme Court of Montana
- Release Date : January 07, 1944
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
Submitted September 19, 1944. Criminal Law — Selling Intoxicating Liquor to Minor — Evidence of other Sales to Minors — Competency — Excessive Punishment — Question one Properly for Legislature, not Court. Criminal Law — Sale of Intoxicating Liquor to Minor — Evidence of Sale to other Minors — Admissibility. 1. As against the contention of defendant that there was no substantial evidence to support his conviction for selling intoxicating liquor to a minor, testimony of six boys other than the complaining witness that defendant had sold liquor to each of them in his place of business, all of whom exhibited a complete knowledge of the liquor in the drinks sold to them, was competent, the court properly covering the matter of other sales in its instructions, and more than sufficient to warrant submission of the case to the jury. Same — Excessive Punishment — Matter one for Consideration by Legislature, not Court. 2. Assignment of error that the punishment imposed for selling intoxicating liquor to a minor [six months imprisonment in the county jail and a fine of $250 for the first offense as fixed by Chapter 124, Laws of 1941] excessive held properly a matter for consideration by the legislature and not one to be urged on appeal to the supreme court.