Alexander v. State
Supreme Court of Arkansas
(1) Appeal from G-arland Circuit Court; Scott Wood, Judge; (2 & 3) Appeals from Randolph Circuit Court; John B. Baker, Judge; The demurrer to the indicment should have been sustained, as the Volstead act supersedes the State law, as the laws are irreconcilable, and the State law must give way as the United States law is supreme. 5 R. C. L., p. 912, § 6; 5 L. R. A. 78. The United States courts have exclusive jurisdiction, and the demurrer should have been sustained. 12 Cyc.…
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(1) Appeal from G-arland Circuit Court; Scott Wood, Judge; (2 & 3) Appeals from Randolph Circuit Court; John B. Baker, Judge; The demurrer to the indicment should have been sustained, as the Volstead act supersedes the State law, as the laws are irreconcilable, and the State law must give way as the United States law is supreme. 5 R. C. L., p. 912, § 6; 5 L. R. A. 78. The United States courts have exclusive jurisdiction, and the demurrer should have been sustained. 12 Cyc. 137, 4; 32 Ark. 117; 99 Am, Dec. 360; 34 Conn. 280; 4 ¡Blackf. 146; 116 Mass. 1; 161 Id. 204; 12 Mete. 387; 8 Id. 313; 41…
1Opinion of the CourtSmith, J.
Appellants were each convicted, in separate trials, of selling intoxicating liquors, and a reversal is asked in each case upon the ground that the law of this State on the subject of the sale of intoxicating liquors has been supersedéd and annulled by the Federal statute commonly known as the Yolstead act (c. 85, Acts 66th Congress, 41st U. S. Stat. at Large, 305), enacted to enforce the 18th Amendment to the Federal Constitution.
This amendment reads as follows:
‘ ‘ Section 1. After one year from the ratification of this article, the manufacture, sale or transportation of intoxicating liquors…
2Cases cited25 opinions
- Ogden v. SaundersSupreme Court of the United States · 1827
- Bank of Columbia v. OkelySupreme Court of the United States · 1819
- National Prohibition CasesSupreme Court of the United States · 1920
- Illinois Central Railroad v. State Public Utilities CommissionSupreme Court of the United States · 1918
- Missouri, Kansas & Texas Railway Co. v. HarrisSupreme Court of the United States · 1914
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3Cited by1 opinion
- Crosby v. StateSupreme Court of Arkansas · 1922