Glass v. State
Supreme Court of Arkansas
APPEAL from Madison Circuit Court. Hon. J. M. Pittman, Circuit Judge. The indictment is insufficient, because it fails to allege that ardent spirits were sold, either openly or secretly. The pleader must either follow the statute in describing the offense or use words of similar import. Acts 1883, p. 300, Sec, 1; 4.3 Atk., 343; 1 Bish. Cr. Pro., 2 ed., Sec. 612. Nor does the indictment describe the device. The using the statutory words is not always sufficient.
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APPEAL from Madison Circuit Court. Hon. J. M. Pittman, Circuit Judge. The indictment is insufficient, because it fails to allege that ardent spirits were sold, either openly or secretly. The pleader must either follow the statute in describing the offense or use words of similar import. Acts 1883, p. 300, Sec, 1; 4.3 Atk., 343; 1 Bish. Cr. Pro., 2 ed., Sec. 612. Nor does the indictment describe the device. The using the statutory words is not always sufficient. Gantts Dig., Sec. 1780; Bish. St. Cr., Sec. 1037; 38 Ark., 319. 2. The indictment does not negative the fact that defendant had…
1Opinion of the CourtSmith, J.
The indictment in this case charged that the defendant, using and controlling a certain house as a drug store, did unlawfully in said house, by device and strategem, sell ardent spirits. A demurrer to it was overruled, and after conviction, a motion in arrest of judgment, upon the ground that it specified no offense known to the laws.
The statute enacts that any person owning or using or controlling any house or tenement of any kind, who shall sell or give away, or cause or allow to be sold or given away, or keep or allow to be kept for sale or to be given away, any alcohol, ardent or vinous…
2Cited by5 opinions
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- State v. HookerSupreme Court of Arkansas · 1904
- State v. BlackSupreme Court of Arkansas · 1908