In re License to Carlson
In re License to Carlson
Opinion of the Court
Opinion,
We are asked to review the action of the Court of Quarter Sessions in each of the above cases, in revoking the license of the plaintiffs in error to sell liquor. The records have been brought here upon writs of certiorari, and we can only review what appears upon their face. The seventh section of the act of May 13, 1887, P. L. 110, provides that “.upon sufficient cause being shown, or proof being made to the said court, that the party holding a license has violated any law of this commonwealth relating to the sale of liquors, the Court of Quarter Sessions shall, upon notice being given to the person so
If we look into the opinion of the court for the facts, however, we find nothing to help the plaintiffs. From it we learn that the offence of which the plaintiffs in error were guilty, was that of selling liquor to minors, and that the only excuse offered was that they did not know the persons to whom they sold were minors. This ignorance is not a sufficient excuse or justification under the act of assembly. If such a defence could he successfully interposed in such cases, there would be few convictions, and the law would be nullified for all practical purposes. Speaking for myself, I regret that the act of assembly does not make it a criminal offence for a minor to obtain liquor from a licensed dealer upon the pretence that he is of full age.
Wo see no sufficient reason to disturb the action of tbe court below.
The proceedings are affirmed in each case.
See act oí May 10, 1881, P. L. 12.
Reference
- Full Case Name
- IN RE LICENSE TO C. M. CARLSON. IN RE LICENSE TO A. J. TUTTLE
- Cited By
- 38 cases
- Status
- Published
- Syllabus
- [To be reported.] . Upon a writ of certiorari to the order of the Court of Quarter Sessions revoking a license to sell liquors, under § 7, act of May 13, 1887, P. L. 110, neither the testimony nor the opinion of the court below form any part of the record which may be considered. 2. The agreement of counsel that the testimony may be omitted from the paper book, and that the finding of facts as contained in the opinion of the court below should be considered in lieu thereof by the Supreme Court, is nugatory. 3. In such proceeding, the provision of the section is mandatory, and it will be presumed that the court below had sufficient evidence before it to show that the licensee had violated some law of the commonwealth in regard to the sale of liquor. 4. On a proceeding to revoke a license to sell liquors under said section, • on the ground that the licensee sold liquors to minors, it is no sufficient excuse or justification that he sold to them in good faith, informed and believing that they were of full age.