Peyton v. State
Supreme Court of Arkansas
Appeal from Boone Circuit Court; B. B. Hudgins, Judge; 1. The certificate of F. M. Tucker, collector, etc., was not admissible -in evidence. 4 Ark. 613; 47 Id. 298; Kinby’s Digest, § 3064; 55 Ark. 286; 57 Id. 153; 47 Id. 413. Chap. 3509, p. 389, Vol. 1, U. S. Stat. at Targe, 1905 and 1906, was not intended to have the effect of making the collector’s list, or certified copy thereof competent evidence.
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Appeal from Boone Circuit Court; B. B. Hudgins, Judge; 1. The certificate of F. M. Tucker, collector, etc., was not admissible -in evidence. 4 Ark. 613; 47 Id. 298; Kinby’s Digest, § 3064; 55 Ark. 286; 57 Id. 153; 47 Id. 413. Chap. 3509, p. 389, Vol. 1, U. S. Stat. at Targe, 1905 and 1906, was not intended to have the effect of making the collector’s list, or certified copy thereof competent evidence. Nor can it be said to come within the provisions of § 5144 Kirby’s Digest, the “Blind Tiger Act.” 2. No evidence of a sale of intoxicating liquor. 3. The court erred in its charge to the jury.…
1Opinion of the CourtMcCuuloch, J.
Appellant was indicted and convicted under the “Blind Tiger” statute for the offense of selling liquor without license, and he appeals to this court from the judgment of conviction. No proof was introduced tending to show that appellant sold liquors or was interested in the sale thereof, but the prosecuting attorney read to the jury as evidence in the case a certificate signed by the United States collector of'internal revenue for the district of Arkansas to the effect that the name of appellant appeared on his list as having paid in the special tax as a retail liquor dealer. Appellant…
2Cited by4 opinions
- Wimberly v. StateSupreme Court of Arkansas · 1949
- Appling v. StateSupreme Court of Arkansas · 1908
- Collins v. StateSupreme Court of Arkansas · 1910
- Long v. LamptonSupreme Court of Arkansas · 1996