Legal Opinion

McWilliams v. State

Supreme Court of Arkansas

Decided January 8, 1912PublishedCited by 3 opinions

Appeal from Jackson Circuit Court; R. E. Jeffery, Judge; 1. The evidence does not show either that appellant sold the liquor, or had an interest in the sale of it or that he aided any one else to do so.

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Appeal from Jackson Circuit Court; R. E. Jeffery, Judge; 1. The evidence does not show either that appellant sold the liquor, or had an interest in the sale of it or that he aided any one else to do so. The most it shows is that he aided the buyer in procuring it, and that, under the decision of’this court, is no offense. 68 Ark. 529; 85 Ark. 360. 2. The court, in charging the jury to convict if they believed from, the evidence that the defendant unlawfully sold or was interested in the sale of liquor, etc., should have instructed them also as to what acts detailed in the evidence they were…

1Opinion of the CourtFrauenthal, J.

This is an appeal from a judgment convicting the defendant of the offense of selling liquor without license. He urges that the judgment should be reversed for the following reasons: (1) Because there was not sufficient evidence to warrant the verdict of guilty returned by the jury; and (2) because the court erred in its rulings relative to certain instructions.

Defendant was indicted under section 5093 of Kirby’s Digest, charged with selling and being interested in the sale of liquor without license. The sole witness who testified in the case was the purchaser of the liquor. His testimony was…

2Cases cited2 opinions

  1. Dixon v. StateSupreme Court of Arkansas · 1900
  2. Henry v. StateSupreme Court of Arkansas · 1903

3Cited by3 opinions

  1. Alexander v. StateSupreme Court of Arkansas · 1917
  2. Untitled Texas Attorney General Opinion, Texas Attorney General Reports1941
  3. Wolfe v. StateSupreme Court of Arkansas · 1912

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