Turner v. State
Supreme Court of Arkansas
Appeal from Lonoke Circuit Court; Thomas G. Trimble, Judge; 1. The court erred in overruling the plea of former acquittal. It was a question for the jury. Kirby’s Digest, § § 2303-4-5; 23 Am. & Eng. Enc. Law (2 ed.), 571; 34 S. W. 753; 43 Ark. 374; 31 Mo. 197. 2. The court erred in giving additional instructions to the jury privately.
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Appeal from Lonoke Circuit Court; Thomas G. Trimble, Judge; 1. The court erred in overruling the plea of former acquittal. It was a question for the jury. Kirby’s Digest, § § 2303-4-5; 23 Am. & Eng. Enc. Law (2 ed.), 571; 34 S. W. 753; 43 Ark. 374; 31 Mo. 197. 2. The court erred in giving additional instructions to the jury privately. Kirby’s Digest, § 2395; Ferris & Rosskopf Instructions to Juries, § 95; Mason v. State, 127 Ark. 289. 1. The plea of former acquittal was a matter of law for the court and was properly overruled. It must affirmatively appear that the prosecution was for the same…
1Opinion of the CourtHart, J.
On the 10th day of February, 1917, the grand jury of Lonoke county returned an indictment against Charley Turner for unlawfully and feloniously selling cider containing alcoholic and intoxicating liquors. He was tried before a jury and convicted, his punishment being fixed by the jury at a period of one year in the State penitentiary. The case is here on appeal.(1) The testimony on the part of the State tended to show that the sheriff of Lonoke county went to the place of business of the defendant in December, 1916, in Lonoke county, Arkansas, and bought from him two quarts of cider, paying…
2Cases cited6 opinions
- Capps v. StateSupreme Court of Arkansas · 1913
- State v. BlahutSupreme Court of Arkansas · 1886
- Devine v. CommonwealthSupreme Court of Virginia · 1908
- Barnett Bros. v. Western Assurance Co.Supreme Court of Arkansas · 1916
- Evans v. StateSupreme Court of Arkansas · 1891
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Harris v. StateSupreme Court of Arkansas · 1926
- Larkin v. StateSupreme Court of Arkansas · 1917
- Lowery v. StateSupreme Court of Arkansas · 1918
- Beck v. StateSupreme Court of Arkansas · 1919
- Binganan v. StateSupreme Court of Arkansas · 1930
8 more not listed; retrieve them via the Exa API.