
    The State v. Henry Matthis.
    
      Tried before Mr. Justice Earle, at Spartanburgk— iring Term., 1832.
    no individual other" SSrivhon . 'Ñen,da,nt retailing without
    The defendant was indicted for retailing spirits without a license. The fact of retailing being proved, the only defence relied on, was, that the defendant was only acting; as the agent of one George W who had authorized him to supply a Gold Mining Company with spirits, for a few days, out of (Weaver’s) wagon, which the defendant did, and counted to Weaver for the sales ; and that Weaver’s name was known and disclosed at the time. The presiding judge charged the-jury, that the defendant was guilty under the Act; and they, accordingly, convicted him. He now moved for a new trial, on the ground of misdirection by the presiding judge.
    Irby & Bobo, for the motion.
    Pe are son, Sol. contra.
   Johnson, J.

The fact of retailing having been conceded by the defendant, the only question is, whether he can justify under an authority from Weaver; and certainly no individual can authorize another to violate a public law. in addition to this, the circumstances abundantly shew, that the defendant must have known that Weaver had no authority to retail. He was a passing stranger, who had no motive to apply for a license. The defendant would have been culpable, therefore, in aiding him in retailing.

Motion dismissed.

O’Neall, J. concurred.

Harper, J. absent.  