McNeil v. State
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court; Paul J. Little, Judge; statement by the court. Appellant prosecuted this appeal from a judgment of conviction for the unlawful sale of intoxicating liquors. The indictment charges that he “unlawfully and feloniously did sell vinous, malt, fermented, • alcoholic and intoxicating liquors, etc.,” without naming any person to whom they were sold. A demurrer was interposed to the indictment and overruled and exception saved.
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Appeal from Sebastian Circuit Court; Paul J. Little, Judge; statement by the court. Appellant prosecuted this appeal from a judgment of conviction for the unlawful sale of intoxicating liquors. The indictment charges that he “unlawfully and feloniously did sell vinous, malt, fermented, • alcoholic and intoxicating liquors, etc.,” without naming any person to whom they were sold. A demurrer was interposed to the indictment and overruled and exception saved. It appears from the testimony that appellant sold whiskey three or four different times to one Harrison Davis, in the back end of his…
1Opinion of the CourtKirby, J.
(after stating the facts.) It is contended that the court erred in overruling the demurrer and that the proof is not sufficient to show the sale was made after the law became operative on January 1, 1916, making the sale of intoxicating liquors a felony.
This court has held an indictment charging the sale of liquors without license, which did not allege the name of the person to whom the liquor was sold, sufficient. Johnson v. State, 40 Ark. 453; McCuen v. State, 19 Ark. 630; State v. Bailey, 43 Ark. 150..It is true the offense has been raised to the grade of a felony by the new law, .fixing…
2Cases cited4 opinions
- Howard v. StateSupreme Court of Arkansas · 1904
- McCuen v. StateSupreme Court of Arkansas · 1858
- Johnson v. StateSupreme Court of Arkansas · 1883
- State v. BaileySupreme Court of Arkansas · 1884
3Cited by4 opinions
- Whittington v. StateSupreme Court of Arkansas · 1923
- Springer v. StateSupreme Court of Arkansas · 1917
- Garrison v. StateSupreme Court of Arkansas · 1921
- State v. HovenSouth Dakota Supreme Court · 1923