Carty v. State
Supreme Court of Arkansas
Appeal from Lawrence Circuit Court; Dene E. Coleman, Judge; The court erred in refusing instruction No. 1, asked by appellant, and in giving No. 6 for the State. 100 Ark. 189; 76 Id. 286; 40 Id. 511. 1. Instruction No. 6 for the State correctly states the law as to the defense of insanity in a case of this kind. 50 Ark. 511; 120 Id. 530; 100 Id. 189; 133 Ark. 38. 2. Voluntary drunkenness is not a defense for any crime. 40 Ark. 511; 43 Id. 331; 54 Id. 283; 110 Id. 300; 34 Id.…
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Appeal from Lawrence Circuit Court; Dene E. Coleman, Judge; The court erred in refusing instruction No. 1, asked by appellant, and in giving No. 6 for the State. 100 Ark. 189; 76 Id. 286; 40 Id. 511. 1. Instruction No. 6 for the State correctly states the law as to the defense of insanity in a case of this kind. 50 Ark. 511; 120 Id. 530; 100 Id. 189; 133 Ark. 38. 2. Voluntary drunkenness is not a defense for any crime. 40 Ark. 511; 43 Id. 331; 54 Id. 283; 110 Id. 300; 34 Id. 341. 3. It is the sale of liquor that constitutes the crime. Specific intent is not the gist of the crime. The offense…
1Opinion of the CourtHumphreys, J.
Appellant was indicted in the Eastern District of Lawrence County for selling liquor on the 1st day of January, 1918, and was thereafter convicted of -said crime. From the judgment of conviction he has prosecuted an .appeal to this court.
Appellant’s main defense to the charge was insanity. The uncontradicted evidence showed that in the year 1914 appellant became insane for several months on account of continuous drinking; that he was placed in the Hospital for Nervous Diseases for treatment; that he remained there some three or four months, after which time he was taken to his brother’s home…
2Cases cited2 opinions
- Byrd v. StateSupreme Court of Arkansas · 1905
- Alford v. StateSupreme Court of Arkansas · 1913
3Cited by3 opinions
- Robertson v. StateSupreme Court of Arkansas · 1947
- Bennett v. StateSupreme Court of Arkansas · 1923
- United States v. MarriottUnited States Court of Military Appeals · 1954