The Hickman courier. [volume] (Hickman, Ky.) 1859-current, 1876-09-15
coFER. JUDGE.

coFER, JUDGE.
Inc court being sufficiently advised
ue, ~, the following opinion herein;
Inc appellee was indicted Tor the ot
lenSe OF giving spiriruous liquor TO d
ps'son under 'weuty one years Vi age.
Niolation OF section OF article 80
Vi nh'p'er - Of The Genera Statute.
ne evidence showed thar the ap
pe''es ana hlsoD, the person to whom
II was charged that he gave the liquor,
were aged respectively sixteen aud
seventeen years. that desiring to pur
chn'e some whisky each furnished
part OF the money, and the appellee
III me absence OF Rson, procured
WHISKY, aud when they met on The
next day gave svme Of it 10 Rison, who
drank IT.
luis was all the evidence, and on
motion Of the appellee The court dis
charged the jury and dismissed the
Indictment II does not appear upon
what ground Tho court proceeded, ou'
We suppose 1t Was on the ground rhat
the evidence showed that The whisky
was The joint property Of the appellee
aud ItiaOu, aul that there was tEere
tore no gilt.
In Its strict primary sense the
word give signifies TO oouter or
transfer without any piece or reward
10 bestow. Ia lis more enlarged
seuss.uui1ssssi.ss..-. pIss,.a furnish, TO sup
ply; AID Aivof Frftnis latter sense
that the word sas used in the statute.
I he statute was not enacted beca use
the mere act of selling, loaninS, or
giving spurious, yinous or malt liz
uors 10 minors was in and OF itse,f
mischievous, but because such acts
place he liqaors in their hands and
enable them 70 driuk it, whereby lhsy
NAV be debauehed aud ruined.
The object was to make it unlawful
for any person other than the father
or guardian of minor TO place
such liquors in his hands, and there
by to protect him against the ioima-
ZION of habits of iutemperance until
until his character could be so far
formed as to enable him to Withstand
the alIureineus Ut strong drink
To give TO he words sell, ioaH. or
gite' their stuct primary Specification
would be to .ender inefficient anu al
most WORTHLESS wise and beoeicienl
statute enacted in the best interest al
society, TO ppteet IL against an evil
whose ravagss are outstrippiug our
growth in civilization, popu,a,iou, OF
wealth
TO sell property is, in the strict >ig
uitcaiion of tie word sell to trans
Ter Il from one to another ~ conriderl
zion of a price paid, or agreed 10 be
paid 10 curredt money
A sale differs from a barter in this:
that in the after the consideration,
instead of being paid in money, i
paid in good, or merchandise suseep
lible OF valuation.
If, therefore, weare to cODstrue the
word give in its strict primary
meaning, and bod that an indictment
Tor giving intoxica.Ing liquor cannot
be sustained uness technical Gift i
proved. we must also hold that 20 bar
ter such liquors TO a minor is not a
sale: yet We presume DO one would
couteud that barter would not be
held to be a sae within the meaning
Of the act
We think, therefore. that The ra
tional construction Of the act l.. that
to furuiSh or s.Fpfy -Pirituou@. vinous,
or malt iiquo1 $50 minor Is 10 give it
vfsI.i".t Tho M. .----- a1-el,e statnt". and
that the fact shat il may have been
purchased Us the deiendent with
money furnished in whole or In part
by the minor, whereby the liquor b .
came his prepsiY. will not relieve the
defendant OF quill Such a coustruc-
ton will eDsble minor, to procure
liquors whenever they can tind u third
person willing to take their money
and make the purchase for them with
ont any one being.guity Of a violation
of law We can not suppose the
Legislature intended their language
should receive any such construction.
aud must decline to adopt it.
Whenever a minor is furnished with
spirituous. viuous. or malt liquor by
any other than his parent, without
the special written direction OF the faith
er or guardian Of such minor. there is "a
violation of law If a third person
buys such liqnors for minor. the
vender does not violate the law unless
he knows the purpose for which it is
being purchased, aud the person max
ing the purchase must be held to be
an offender. or the law had better be
blotted from the statute book. The
law was not Intended to be applied
alone TO those engaged Ia trafhckiug
in liqnors, but applies to every
person in the Commonwealth who is
legally responsible for crime.
We are, therefore, of the opinion
that the court erred in dismssing the
indictment, and the judgement i. re
rersed, and the cause is remanded for
further proceedings Inconsistent with
this opinion.
Thos. + Moss for appellant.