Public-domain · open source
OpenJurist

21 Tenn. 399

State v. Caswell

Tennessee Supreme Court

Decided July 15, 1841

Tennessee Supreme Court · decided 1841-07-15

The grand jury of Knox county, at the February term, 1841, of the circuit court for said county, indicted W. R. Caswell and Anderson Hill, for retailing spiritous liquors, contrary to the provisions of the act of 1837-8, ch. 120.

Cited by 1 later decisions — most recently January 1972

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1841-07-15

View the full empirical analysis of this case →

Turley, J.

¶1delivered the opinion of the court.

¶2This is an indictment against the defendants, for retailing spiritous liquors. The judge of the circuit court quashed the bill, because it was against two jointly, upon the ground, that the offence could not be jointly committed. In this, we think, he was mistaken. In minor offences, aiders and abettors are principals: therefore, if one procure the spirits for the purpose of retailing, and hire another to attend to the bar, as his servant, and he retails, both are guilty. To construe the case otherwise, would be to evade the statute, a fine being the only punishment prescribed for retailing, and irresponsible persons could always be procured, upon whom to cast the burden, while the owner, who could make satisfaction to the law, would escape.

¶3Reverse the judgment, and remand the cause.

/21/tenn/399 · .json · Public domain