Wilson v. State
Supreme Court of Arkansas
Appeal from Prairie Circuit Court, Northern District ; Thomas G. Trimble, Judge; 1. Under the evidence, if defendant is guilty of any crime, it is for violation of Kirby’s Dig., § 5135, making it a misdemeanor to procure intoxicating liquors for another. But he was not indicted for that offense, but the indictment was under section 2, Act No. 30, Acts 1915, page 98. This act does not repeal section 5135 supra. The act does not apply to this case.
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Appeal from Prairie Circuit Court, Northern District ; Thomas G. Trimble, Judge; 1. Under the evidence, if defendant is guilty of any crime, it is for violation of Kirby’s Dig., § 5135, making it a misdemeanor to procure intoxicating liquors for another. But he was not indicted for that offense, but the indictment was under section 2, Act No. 30, Acts 1915, page 98. This act does not repeal section 5135 supra. The act does not apply to this case. Defendant merely purchased liquor for others as agent; he did not sell any. 90 Ark. 589; 72 Id. 14. The penalties of the law are against the seller…
1Opinion of the Court
WOOD, J.,
(after stating the facts). (1) Appellant contends that there was no evidence to show that the alleged offense was. committed after the passage of the act under which the appellant was indicted and convicted. This contention the Attorney General concedes to be true, and we find upon examination of the record that the confession of error of the Attorney General is well taken. The testimony fails to show the date upon which the sale is alleged to have taken place. There is no testimony to prove that the alleged sale occurred after the passage of the law under which appellant was…
2Cases cited9 opinions
- Bobo v. StateSupreme Court of Arkansas · 1912
- Whitmore v. StateSupreme Court of Arkansas · 1903
- Dale v. StateSupreme Court of Arkansas · 1909
- Stelle v. StateSupreme Court of Arkansas · 1906
- Williams v. StateSupreme Court of Arkansas · 1917
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3Cited by5 opinions
- People v. GalliCalifornia Court of Appeal · 1924
- In Matter of M.T. JanuarySupreme Court of Missouri · 1922
- Harris v. StateSupreme Court of Arkansas · 1919
- Condit v. StateSupreme Court of Arkansas · 1917
- Stephens v. StateSupreme Court of Arkansas · 1924