SECTION 1 - COLQUITT
STATE CODE § 6-2-450 (1970)
Any person who sells, barters, exchanges or gives to any minor, retarded or otherwise dependent person any cigarettes, cigarette tobacco or cigarette paper, or any substitute for either of them shall, on conviction, be fined not less than $10.00 nor more than $50.00, and may also be imprisoned in the county jail or sentenced to hard labor for the county for not more than 30 days.
Bill Merchant operates a small tobacco store in a shopping center. He has been operating his store for several years. During that time, the police have received numerous complaints about Mr. Merchant's alleged practice of selling tobacco products to children. The police recruited Joey Juvenile, a 14-year old (who looks 20) to buy a pack of cigarettes from Merchant. The police gave Joey a marked $20 bill. Joey entered Merchant's store and purchased a pack of cigars with the $20 which the police supplied. Joey gave the cigars, the sales slip, and the change to the police. The police then arrested Mr. Merchant for violation of § 6-2-450, CODE. Mr. Merchant has retained your senior partner to defend him. Prepare a brief memorandum of law setting forth the pertinent principles of law for your partner's guidance.
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