Legal Opinion

Thatcher v. State

Supreme Court of Arkansas

Decided November 15, 1886PublishedCited by 12 opinions

APPEAL from Garland Circuit Court. Hon. L B. Wood, Judge. The verdict of the jury was contrary to the law and the evidence. 1. The evidence should establish the fact that a disorderly house was kept. 2. That the defendant had control of the rooms in which the disorder occurred. 3. That the defendant knowingly. permitted the conduct constituting a disorderly house.

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APPEAL from Garland Circuit Court. Hon. L B. Wood, Judge. The verdict of the jury was contrary to the law and the evidence. 1. The evidence should establish the fact that a disorderly house was kept. 2. That the defendant had control of the rooms in which the disorder occurred. 3. That the defendant knowingly. permitted the conduct constituting a disorderly house. The proof shows that Ballentine owned the building and that Thatcher had only control of the saloon, and there was no proof to show he had control of any other ; rooms in the house. No proof of disorder in the saloon; no proof…

1Opinion of the CourtBattle, J.

The appellant, Henry Thatcher, and H. A. Ballentine, were jointly indicted in the Garland circuit court for keeping a disorderly house. The following is the indictment :

' “ Garland County Circuit Court. — The State of Arkansas, against H. A. Ballentine and Henry Thatcher. — Indictment.

* “The grand jury of Garland county, in the name and by the authority of the state of Arkansas, accuse H. A. Ballentine and Henry Thatcher of the crime of keeping a disorderly house, committed as follows: The said H. A. Ballentine and Henry Thatcher, on the 15th day of March, 1886, in the county and state…

2Cases cited1 opinion

  1. Commonwealth v. CobbMassachusetts Supreme Judicial Court · 1876

3Cited by12 opinions

  1. Harris v. United StatesDistrict of Columbia Court of Appeals · 1974
  2. State v. VaughanSupreme Court of Arkansas · 1906
  3. De Forest v. United StatesCourt of Appeals for the D.C. Circuit · 1897
  4. Commonwealth v. GoodallMassachusetts Supreme Judicial Court · 1896
  5. Price v. StateSupreme Court of Alabama · 1892

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