New York Court of Appeals

The People of the State of New York, Respondent v. Charles Werner, Appellant

March 17, 1903174 N.Y. 132

Summary

The New York Court of Appeals reversed the conviction for selling liquor to a minor, holding that intent is not an element of the malum prohibitum offense and that the defendant was entitled to evidence to impeach the father's testimony on the minor's age. The court also found that testimony about the defendant's intent to continue selling liquor was immaterial and prejudicial, requiring reversal and a new trial.