Lowery v. State
Supreme Court of Arkansas
Appeal from Garland Circuit Court; Scott Wood, Judge; 1. There is a total failure of evidence to support the verdict. There is no evidence that appellant was engaged in the manufacture of liquor. 2. No violation of law since January 1, .Í916, was proven. 3. Austin Brown’s testimony was improperly admitted.
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Appeal from Garland Circuit Court; Scott Wood, Judge; 1. There is a total failure of evidence to support the verdict. There is no evidence that appellant was engaged in the manufacture of liquor. 2. No violation of law since January 1, .Í916, was proven. 3. Austin Brown’s testimony was improperly admitted. The time was too remote and appellant had been acquitted of the crime of selling whiskey. 4. The State’s case rested wholly upon circumstantial evidence, and it was error to refuse appellant’s requests upon the weight to be given such evidence. 76 Ark. 227; 77 Id. 201, 247, 261; 71 Id. 475.…
1Opinion of the CourtHart, J.
Ed Lowery prosecutes this appeal to reverse a judgment of conviction against him for the crime of manufacturing- spirituous or fermented liquors. The principal contention made by counsel for appellant is that the evidence is not legally sufficient to support the verdict.(1) Ed Lowery lives out in the country from Hot Springs, in Garland County, Arkansas, and in the fall of 1917 was suspected of making' whiskey. In November of that year a search was made of his premises by the officers, and five barrels of mash were found in a little house back of his dwelling house. The mash was composed of…
2Cases cited4 opinions
- Larkin v. StateSupreme Court of Arkansas · 1917
- Turner v. StateSupreme Court of Arkansas · 1917
- Adams v. StateSupreme Court of Arkansas · 1910
- State v. . SummeySupreme Court of North Carolina · 1864
3Cited by11 opinions
- Nichols v. StateCourt of Criminal Appeals of Texas · 1924
- Cole v. StateSupreme Court of Arkansas · 1922
- Jones v. StateSupreme Court of Arkansas · 1924
- Noyes v. StateSupreme Court of Arkansas · 1923
- Logi v. StateSupreme Court of Arkansas · 1922
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