Legal Opinion

Rivard v. State

Supreme Court of Arkansas

Decided February 4, 1918PublishedCited by 7 opinions

Appeal from Garland Circuit Court; Scott Wood, Judge; It is no violation of law for a person to bring liquor into this State for his own use. The court erred in its instructions to the jury. The verdict is contrary to the law and the evidence. There w,as no evidence that defendant transported, shipped or delivered any liqnor to any one, or that he sold or offered to sell any liqnor. No violation of the act was proven.

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Appeal from Garland Circuit Court; Scott Wood, Judge; It is no violation of law for a person to bring liquor into this State for his own use. The court erred in its instructions to the jury. The verdict is contrary to the law and the evidence. There w,as no evidence that defendant transported, shipped or delivered any liqnor to any one, or that he sold or offered to sell any liqnor. No violation of the act was proven. The act prohibits the importation of liquor by any person in any manner whatsoever or for any purpose except the two purposes named in see. 17. 69 So. 652; 219 IT. S. 104; 169…

1Opinion of the Court

HART, J.,

(after stating the facts). The principal contention of counsel for the defendant is that the court erred in telling the jury that it would be warranted in convicting the defendant if he brought the whiskey into the State for the purpose of selling it after he brought it here. The act in question has twenty-one sections but the defendant was indicted under section 1 of the act and it is claimed by the State that it would be a violation of its provisions for the defendant to bring intoxicating liquors into the State for the purpose of selling them after he had brought them here.

Section…

2Cases cited1 opinion

  1. Clark Distilling Co. v. Western Maryland Railway Co.Supreme Court of the United States · 1917

3Cited by7 opinions

  1. Winfrey v. StateSupreme Court of Arkansas · 1918
  2. Lacey v. StateSupreme Court of Arkansas · 1918
  3. Whitley v. StateSupreme Court of Arkansas · 1919
  4. Edwards v. StateSupreme Court of Arkansas · 1919
  5. State v. BlockSupreme Court of Louisiana · 1918

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