Paxton v. State
Supreme Court of Arkansas
Appeal from Little River Circuit Court; Jefferson T. Cowling, Judge; STATEMENT RY THE COURT. Appellant was tried upon tbe ■charge of unlawfully selling liquor, and the State offered evidence tending to show that he had made two separate sales, but the proof concerning one of these alleged sales shows only that he .procured whiskey for another, .and this proof is insufficient to sustain a conviction for making a sale.
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Appeal from Little River Circuit Court; Jefferson T. Cowling, Judge; STATEMENT RY THE COURT. Appellant was tried upon tbe ■charge of unlawfully selling liquor, and the State offered evidence tending to show that he had made two separate sales, but the proof concerning one of these alleged sales shows only that he .procured whiskey for another, .and this proof is insufficient to sustain a conviction for making a sale. See Woods v. State, 114 Ark. 391. The proof concerning the second alleged sale was made by witnesses named McNutt and Nisler, and their evidence was entirely sufficient to…
1Opinion of the CourtSmith, J.
(after stating the facts). (1) It is settled that the court may, even in a criminal case where imprisonment is not a part of the punishment, direct a jury to return a verdict of guilty, and the action of trial courts in so doing has been several times approved by this court. But this should be done only when the evidence is reasonable and consistent, and the witnesses stand unimpeached on account of either bias or prejudice and nothing is shown in the evidence which would raise any question as to their veracity, and the evidence offered is of such a nature that it would be arbitrary and…
2Cases cited5 opinions
- Hollingsworth v. StateSupreme Court of Arkansas · 1890
- Skillern v. BakerSupreme Court of Arkansas · 1907
- St. Louis Southwestern Railway Co. v. TrotterSupreme Court of Arkansas · 1909
- Crumpton v. StateSupreme Court of Arkansas · 1889
- Kansas City Southern Railway Co. v. BelknapSupreme Court of Arkansas · 1906
3Cited by12 opinions
- People v. ZurekIllinois Supreme Court · 1917
- Keese v. StateSupreme Court of Arkansas · 1954
- Whittaker v. StateSupreme Court of Arkansas · 1926
- Hammond v. StateSupreme Court of Arkansas · 1927
- Mangrum v. StateSupreme Court of Arkansas · 1957
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