[Download] "State v. Parr" by Supreme Court of Montana ~ Book PDF Kindle ePub Free

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eBook details

• Title: State v. Parr
• Author : Supreme Court of Montana
• Release Date : January 20, 1955
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 57 KB

Description

CRIMINAL LAW ? Selling Liquor to a Minor ? ENTRAPMENT ? Effect of WITNESSES ? EVIDENCE ? Testimony of Minor ? Photographs of Minor ? Accomplices. 1. Criminal Law ? Instructions ? Entrapment. That probation officer gave minor money and told him to purchase a bottle of whiskey for officer at defendants bar while county attorney and state liquor inspector watched did not entitle defendant to instruction on question of entrapment in prosecution for selling intoxicating liquor to a minor. 2. Criminal Law ? Entrapment ? Misleading as to age of buyer. Action of probation officer constituted no defense to prosecution for selling intoxicating liquor to a minor on ground of "entrapment", in absence of evidence that officers in any way misled defendant as to age of buyer of whiskey. 3. Criminal Law ? Witnesses ? Photographs properly excluded. In a prosecution for selling intoxicating liquor to a minor, a photograph of minor taken more than one year after he allegedly purchased whiskey from defendant and offered in evidence as part of cross-examination of minors mother was properly excluded as being improper cross-examination and as constituting no evidence of minors appearance at time he purchased whiskey. 4. Intoxicating Liquors ? Duty of seller as to age. Belief of operator of bar that patron was approximately 21 years of age was sufficient to put operator on inquiry, and it was his duty to make sure that patron was over 21 years of age before selling whiskey to him. 5. Criminal Law ? Entrapment ? Use of "decoys". Something more than the mere use of decoys by government is necessary to raise an issue of entrapment or estoppel. 6. Intoxicating Liquors ? Ignorance of age of buyer no defense. Sellers ignorance that buyer was a minor or bona fide belief that - Page 176 he was of legal age constitutes no defense to prosecution for selling intoxicating liquor to a minor, unless expressly made so by statute. 7. Criminal Law ? Entrapment is affirmative defense. Entrapment is an affirmative defense and defendant has the burden of proving it. 8. Criminal Law ? Entrapment ? Good faith. Where issue of entrapment is properly raised by some evidence on behalf of defendant in prosecution for selling intoxicating liquor to a minor, the state may show that officers were acting in good faith in the belief based upon reasonable information that defendant was engaged in selling whiskey to minors contrary to law. 9. Criminal Law ? Entrapment ? Effect of law violation of officers. Any violation of statute by officers in causing a minor to purchase whiskey in order to procure evidence for prosecution of operator of bar for selling intoxicating liquor to a minor would not absolve seller from criminal liability for selling intoxicating liquor to a minor. 10. Criminal Law ? Witnesses ? Minors testimony. The state was under no obligation to call as a witness the minor to whom such sale was allegedly made, and failure to do so did not entitle defendant to admonition to jury as to presumption that testimony of minor would have been adverse to the state. 11. Criminal Law ? Witnesses ? State may call any witness. Upon trial of a misdemeanor, the state may not be compelled to call any particular witness, even though his name is endorsed on information. 12. Criminal Law ? Comment to jury ? Failure to call a witness. Counsel for defendant may comment in argument to jury upon failure of state to call any particular witness. 13. Criminal Law ? Accomplices. In prosecution for selling intoxicating liquor to a minor, states case did not depend soley upon the evidence of accomplices.

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