McIntire v. State
Supreme Court of Arkansas
Appeal from Lincoln Circuit Court; W. B. Sorrels, Judge; The verdict is contrary to law. § 2 of the act makes it a crime to have in one’s possession a still “without registering same with the proper United States officer,” which fact should have been negatived in the indictment. 18 Ark. 109; 33 Ark. 557; 77 Ark. 139. The burden was on the State to prove that the still had not been properly registered. 83 Ark. 27; 84 Ark. 332. The record does not show that the indictment was…
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Appeal from Lincoln Circuit Court; W. B. Sorrels, Judge; The verdict is contrary to law. § 2 of the act makes it a crime to have in one’s possession a still “without registering same with the proper United States officer,” which fact should have been negatived in the indictment. 18 Ark. 109; 33 Ark. 557; 77 Ark. 139. The burden was on the State to prove that the still had not been properly registered. 83 Ark. 27; 84 Ark. 332. The record does not show that the indictment was returned by the grand jury, either by name or number. Art. 11, sec. 8, Const.; sec. 3011, C. & M. Digest; 37 Ark. 242;…
1Opinion of the CourtSmith, J.
Appellant was convicted under an indictment the charging part of which is as follows:
“The said E. R. McIntire in the county and .State aforesaid, on the 20th day of July, A. D. 1921, did then and there wilfully, unlawfully and feloniously have and keep in his possession a still-worm, a still and distillery for the purpose of using the same for the production of distilled spirits, and feloniously set said still up for the use and purpose of the production of distilled spirits.”
The jury returned the following verdict: “We, the jury, find the defendant -guilty of having a still in his possession…
2Cases cited9 opinions
- Powers v. United StatesSupreme Court of the United States · 1912
- Beard v. StateSupreme Court of Arkansas · 1906
- People v. SwensonCalifornia Supreme Court · 1874
- State v. KnowlesSupreme Court of Kansas · 1885
- People v. SchultzMichigan Supreme Court · 1891
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Hodgkiss v. StateSupreme Court of Arkansas · 1923
- Turner v. StateSupreme Court of Arkansas · 1922
- Rinehart v. StateSupreme Court of Arkansas · 1923
- Wright v. StateSupreme Court of Arkansas · 1922
- Thomas v. StateSupreme Court of Arkansas · 1930
1 more not listed; retrieve them via the Exa API.