Stern v. State

53 Ga. 229 (1874)

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Stern v. State

Georgia Supreme Court
53 Ga. 229 (1874)

Facts

Myers Stern (defendant) ran a facility that allowed people to play billiards. Under the law, a person was required either to be 21 years old or to have a parent’s permission to play billiards. Frank Talmadge approached Stern about playing billiards. Stern asked Talmadge his age, and Talmadge claimed that he was 21 years old. Talmadge appeared to be old enough, and Stern allowed Talmadge to play. However, Talmadge was six months shy of being 21 years old. Stern was charged with unlawfully allowing a minor to play billiards. At the bench trial, the judge ruled that Stern could not rely on a mistake-of-fact defense and did not allow Stern to present any evidence of his honest, mistaken belief about Talmadge’s age. The judge then convicted Stern based solely on the facts that Stern had allowed Talmadge to play and that Talmadge was underage. Stern appealed, arguing that he should have been allowed to present evidence that he had mistakenly believed Talmadge was old enough.

Rule of Law

Issue

Holding and Reasoning (McCay, J.)

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