State v. Marsh
Supreme Court of Arkansas
APPEAL from Pulaslci Circuit Court. Hon. J. W. Martin, Circuit Judge. If part of a statute is violative of, and other parts consistent with, the Constitution, the latter will be maintained, if they can be sepaiated from, and stand without, the former. The unconstitutional parts will be treated as if stricken out of the statute. 2 Peters, 526 ; 4 Blatchford, 263; 36 Oal.. 379 ; 33 Ills., 390; 11 Ind., 424; 2 Iowa, 165 ; 31 IlowfH.
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APPEAL from Pulaslci Circuit Court. Hon. J. W. Martin, Circuit Judge. If part of a statute is violative of, and other parts consistent with, the Constitution, the latter will be maintained, if they can be sepaiated from, and stand without, the former. The unconstitutional parts will be treated as if stricken out of the statute. 2 Peters, 526 ; 4 Blatchford, 263; 36 Oal.. 379 ; 33 Ills., 390; 11 Ind., 424; 2 Iowa, 165 ; 31 IlowfH. T. Pr.), 289 ; 3 B. 1., 33, 62 ; 29 Ala., 573 ; 7 Oal., 97 ; 19 lb., 513 ; 22 lb., 379 ; 7 Miss., 625 ; 3 Ohio St., 1 ; 5 lb., 497. Sec. 15, Act March 8, 1879, is…
1Opinion of the CourtEnglish, C. J.
It appears from the transcript in this case that on the twenty-third of July, 1880, an information, in writing and under oath, etc., was filed before a Justice of the Peace of Pulaski county, against Kate Marsh, for selling, in the count}'' of Pulaski, on the fifteenth day of June, 1880, vinous liquors, in less quantities than five gallons, without license. Whereupon a warrant of arrest was issued, etc. She was tried, found guilty by the Justice, fined $200, and appealed to the Circuit Court.
In the Circuit Court her counsel demurred to the cause ■of action (as it is styled' in the demurrer)…
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