State v. M'Ginnis

• Court: Minnesota Supreme Court
• Writing for the Court: Dickinson
• Citation: State v. M'Ginnis, 30 Minn. 48 (Minn. 1882)
• Decision Date: 08 December 1882
• Parties: STATE OF MINNESOTA <I>vs.</I> WILLIAM McGINNIS. (1st Case.)

Page 48

30 Minn. 48

STATE OF MINNESOTA vs. WILLIAM McGINNIS. (1st Case.)

Supreme Court of Minnesota.

December 8, 1882.

Defendant was convicted before a justice of the peace of selling malt liquors to a minor, and sentenced to pay a fine of $25 and costs. On appeal to the district court for Rice county, upon questions of law alone, the judgment was affirmed by Buckham, J., and defendant appealed.

J. B. & T. H. Quinn, for appellant.

W. J. Hahn, Attorney General, for the State.

DICKINSON, J.

The defendant was prosecuted before a justice of the peace upon a charge, by complaint, of selling "malt liquor" to a minor. From a judgment of conviction the defendant appealed, upon questions of law alone, to the district court, where the judgment was affirmed. From such judgment of the district court this appeal is taken.

1. We are asked to consider the fact that there is no allegation or proof that the defendant was a person licensed to sell liquor, or that he was a "tavern or hotel-keeper, merchant, grocer, saloon-keeper, distiller, brewer, or * * * other person having or keeping any such intoxicating liquors." It was not necessary to allege or prove such facts. The act defining this offence (Gen. St. 1878, c. 16, § 10) forbids "any person" to sell intoxicating liquor to minors. The question of license has nothing to do with such a case, nor is the occupation of the accused material. The statutory prohibition is not imposed merely upon the classes of persons specifically named in the latter part of the section. That part of the section relates to a distinct offence from that prescribed in the former part of the section. State v. Hyde, 27 Minn. 153. The force of the words "any person," in that part of the act prescribing the offence here charged, is not qualified or limited by the language of the act which relates to an entirely distinct offence.

2. A reversal is sought upon the ground that the only evidence as to the character of the liquor sold was that it was "beer," and hence that it was not shown to have been "malt liquor."

One convicted upon a criminal charge before a justice of the peace may appeal to the district court "upon questions of law alone," as was done in this case, or "upon questions of fact alone, or upon questions of law and fact." Upon an appeal on questions of law alone, the cause is to be tried in the district court "upon the return of the justice." When the appeal is upon either one of the grounds named, the cause is to be tried anew in the district court. The pertinent question upon this appeal is, What constitutes "the return of the justice," upon which alone the cause is to be determined in the appellate court? More precisely, the question is whether the evidence given upon the trial before the justice constitutes a part of such return, so that it can be considered for the purpose of determining whether the evidence sustains the judgment.

The statute requires the justice, upon appeal being taken, to "make a return of all the proceedings had before him, and cause the complaint, warrant, recognizance, original notice of appeal, with proof of service thereof, and return, and all other papers relating to said cause and filed with him, to be filed in the district court." Gen. St. 1878, c. 65, § 159. The statute requires the justice in criminal cases to enter the cause in his docket, and to "keep all such other entries as are required in civil actions." Gen. St. 1878, c. 65, § 142. The record which the justice is required to keep in his docket in civil actions consists of the title of the cause, the time of issuing process, its nature, when returnable, and the return of the officer; time of appearance of parties; statement of the nature and amount of plaintiff's demand, and of any set-off that may be pleaded; adjournments; time and mode of trial; verdict of...