Simmons v. State
Supreme Court of Arkansas
Appeal from Pike Circuit Court; James 8. Steel, Judge; 1. There was a total lack of evidence tending to prove that appellant was drunk or intoxicated on a public highway.
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Appeal from Pike Circuit Court; James 8. Steel, Judge; 1. There was a total lack of evidence tending to prove that appellant was drunk or intoxicated on a public highway. C. & M. Digest, §■§ 2626, 3028. One can not be charged with the commission of a crime in a particular way or place and convicted by showing that the crime was committed in a different way or place. 64 Ark. 188; lb. 23; 23 Id. 550. The crime must be proved as alleged. 31 Ark. 49; 62 Id. 459; 84 Id. 285; 71 Id. 415; 64 Id. 188; 37 Id'. 40(8; 36 Id. 178; 16 Id. 499; 114 Id. 312; 129 Id. 364. 2. The court erred in its…
1Opinion of the CourtWood, J.
The appellant was tried on an indictment charging that on the 15th day of February, 1921, in the county of Pike, State of Arkansas, he “did unlawfully appear on the public highway in a drunken and intoxicated condition.” One of the witnesses introduced by the State testified, without objection, that he saw the appellant at Mt. Maria in Pike County at a picnic in January, 1921; that he came up the road to Mt. Maria; that he didn’t seem-to walk exactly straight and talked more than usual. Witness smelled whiskey on appellant’s breath, and from his actions and conduct witness considered him…
2Cases cited2 opinions
- Midland Valley Railroad v. HamiltonSupreme Court of Arkansas · 1907
- Brooke v. StateSupreme Court of Arkansas · 1908
3Cited by5 opinions
- Phillips v. HensonSupreme Court of Missouri · 1930
- Covert v. FisherMissouri Court of Appeals · 2004
- Cain v. CarlleeSupreme Court of Arkansas · 1925
- Walbert v. StateSupreme Court of Arkansas · 1928
- Parsons v. StateCourt of Criminal Appeals of Texas · 1946