Ruble v. State
Supreme Court of Arkansas
APPEAL from Boone Circuit Court. R. H. Powell, Judge. There is only one question in this case: Can a party for a single sale be convicted of selling without license and for selling to a minor? 1 Bish. Cr. Law (6th Ed.), sec. 1058; lb., sec. 1054 and note to sec. 1061, and sec. 1057. Only one offence can be carved out of the same illegal act, and the state must elect which it will prosecute.
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APPEAL from Boone Circuit Court. R. H. Powell, Judge. There is only one question in this case: Can a party for a single sale be convicted of selling without license and for selling to a minor? 1 Bish. Cr. Law (6th Ed.), sec. 1058; lb., sec. 1054 and note to sec. 1061, and sec. 1057. Only one offence can be carved out of the same illegal act, and the state must elect which it will prosecute. The lesser crime (selling to a minor), is merged into the larger (selling without license), of which appellant had already been convicted. The plea was not verified by a transcript of the record of…
1Opinion of the CourtBattle, J.
Appellant sold one pint of ardent spirits to Peter Dees, a minor, without the consent of his parents or guardian. For doing so he was indicted for and convicted of selling liquor without license, and fined in the sum of two hundred dollars, and was indicted for selling ardent, alcoholic and vinous liquors and intoxicating spirits to a minor, without the written consent of his parents or guardian. After he was convicted under the first indictment he pleaded such conviction and not guilty to the second indictment, and was convicted of the of-fence therein charged, and fined. Were the trial and…
2Cases cited6 opinions
- Wilson v. StateSupreme Court of Connecticut · 1855
- State v. . NashSupreme Court of North Carolina · 1882
- Dominick v. StateSupreme Court of Alabama · 1867
- Freeland v. PeopleIllinois Supreme Court · 1855
- State v. WarnerIndiana Supreme Court · 1860
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- State v. MarchindoMontana Supreme Court · 1922
- Johnson v. StateSupreme Court of Arkansas · 1911
- State v. GapenIndiana Court of Appeals · 1896
- State v. MagoneOregon Supreme Court · 1899
- State v. CheesemanUtah Supreme Court · 1924
2 more not listed; retrieve them via the Exa API.