Van Valkinburgh v. State
Supreme Court of Arkansas
Appeal from Bradley Circuit Court; Henry W. Wells,. Judge; STATEMENT BY THE COURT. The grand jury of Bradley County returned against the appellant and his brother, Fay, the following indictment: “The grand jury of Bradley County, in the name and by the authority of the State of Arkansas, accuse Fay Van Valkinburgh and Henry Van Valkinburgh of the crime of soliciting orders for intoxicating liquors in prohibition territory, committed as follows, to wit: The said Fay Van…
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Appeal from Bradley Circuit Court; Henry W. Wells,. Judge; STATEMENT BY THE COURT. The grand jury of Bradley County returned against the appellant and his brother, Fay, the following indictment: “The grand jury of Bradley County, in the name and by the authority of the State of Arkansas, accuse Fay Van Valkinburgh and Henry Van Valkinburgh of the crime of soliciting orders for intoxicating liquors in prohibition territory, committed as follows, to wit: The said Fay Van Valkinburgh and Henry Van Valkinburgh in the county and State aforesaid, on or about the 24th day of December, A. D. 1910,…
1Opinion of the Court
Kirby, J.,
(after stating the facts). It is contended here that the court erred in refusing to declare unconstitutional the proviso defining the term “agent” in the second section of the acts of 1907.
The proof conclusively shows that appellant was a licensed liquor dealer at Dermott, and that the order for the liquor was given to his brother Fay at Warren, in prohibition territory, with two dollars in money, to pay for the whisky. That Givens gave the order to the said Fay Van Valkinburgh, without solicitation from him, but understanding at the time that he and his brother were engaged in the…
2Cases cited1 opinion
- State v. EarlesSupreme Court of Arkansas · 1907
3Cited by1 opinion
- State v. BrewerSupreme Court of Arkansas · 1914