Mazzia v. State
Supreme Court of Arkansas
APPEAL from Saline Circuit Court. J. B. Wood, Judge. The revenue law and the local option law cannot be enforced in the same territory at the same time.
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APPEAL from Saline Circuit Court. J. B. Wood, Judge. The revenue law and the local option law cannot be enforced in the same territory at the same time. The penalties provided by the revenue law are suspended in territory where no license can be issued.- Acts 1883, p. 212; Ib.,p. 192; Acts 1879, p. 33; 35 Ark., 414-422; 34 Id., 381; 41 Id., 305; lb., 308. Since the drag-net proviso of act March 26th, 1883, this court has held that the indictment might be framed under the three mile law or the amended license act, 43 Ark., 361. But the general revenue act contains no such dragnet provision.…
1Opinion of the CourtCockrill, C. J.
1. Liquors: Sale in prohibition districts: Dragnet proviso. ' The appellant was convicted of carrying on the business of a liquor seller without license, in the city of Hot Springs, Garland county, where the local option law was in force. It is argued that the penalties of the statute defining the offence are suspended in the territory where no license can be issued; and, to sustain the position, we are cited to the case of State v. Cathey, 41 Ark., 308, where it was held that the liquor seller was liable only to the penalties pronounced by the local option law, for sales in local option…
2Cases cited7 opinions
- People ex rel. Drake v. MahaneyMichigan Supreme Court · 1865
- License Tax CasesSupreme Court of the United States · 1867
- Youngblood v. SextonMichigan Supreme Court · 1875
- O'Donnell v. SegarMichigan Supreme Court · 1872
- Bradway v. WaddellIndiana Supreme Court · 1884
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Kinnanne v. StateSupreme Court of Arkansas · 1913
- Trimble v. StateSupreme Court of Arkansas · 1921
- Wolfe v. StateSupreme Court of Arkansas · 1913
- Arnold v. StateSupreme Court of Arkansas · 1903
- Alexander v. StateSupreme Court of Arkansas · 1905
1 more not listed; retrieve them via the Exa API.