Legal Opinion

Winfrey v. State

Supreme Court of Arkansas

Decided March 11, 1918PublishedCited by 11 opinions

Appeal from Crawford Circuit Court; Jas. Cochrcm, Judge; 1. The indictment charged no offense under the Bone Dry Act. 145 N. W. 451; 157 Id. 908; 48 L. B. A. (N. S.) 342.; 154 Pac. 1050; 170 S. W. 749; 238 U. S. 190; 223 Id. 70; 197 Id. 13; 219 Fed. 794; 242 U. S. 311; 222 Id. 370. 2. The court erred in its instructions. 50 Ark. 545. Also in the .admission of testimony. 199 S. W. 21; 1 Wharton Cr.

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Appeal from Crawford Circuit Court; Jas. Cochrcm, Judge; 1. The indictment charged no offense under the Bone Dry Act. 145 N. W. 451; 157 Id. 908; 48 L. B. A. (N. S.) 342.; 154 Pac. 1050; 170 S. W. 749; 238 U. S. 190; 223 Id. 70; 197 Id. 13; 219 Fed. 794; 242 U. S. 311; 222 Id. 370. 2. The court erred in its instructions. 50 Ark. 545. Also in the .admission of testimony. 199 S. W. 21; 1 Wharton Cr. Ev. 3262-6; 2 Id., § § 690-1-2. The declarations of defendants were admissible as res gestae. Ib.; 85 Ark. 479; 12 Id. 782. 3. Inadmissible and incompetent testimony was admitted. There was no legal…

1Opinion of the CourtMcCULLOCH, C. J.

Appellants Winfrey and Bryan, together with one Oliver, were jointly indicted for the offense of transporting and delivering liquor from another State into this State. AM of the three accused persons were tried together before a jury and Oliver was acquitted. Winfrey and Bryan were each convicted and have prosecuted appeals to this court.(1) A demurrer was filed to the indictment on the ground that it failed to state facts sufficient to constitute an offense, and the first ground urged here for reversal of the judgment is that the court erred in overruling the demurrer. The indictment alleges…

2Cases cited7 opinions

  1. Bird v. StateTennessee Supreme Court · 1914
  2. Bryant v. StateSupreme Court of Arkansas · 1896
  3. Payne v. State ex rel. City of BoonevilleSupreme Court of Arkansas · 1916
  4. Rivard v. StateSupreme Court of Arkansas · 1918
  5. Woods v. StateSupreme Court of Arkansas · 1914

2 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. May v. EdwardsSupreme Court of Arkansas · 1975
  2. State v. DabneySupreme Court of Arkansas · 1928
  3. Kirkpatrick v. StateSupreme Court of Arkansas · 1928
  4. McClain v. SorrelsSupreme Court of Arkansas · 1922
  5. State v. WehrMontana Supreme Court · 1920

6 more not listed; retrieve them via the Exa API.

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