Stelle v. State
Supreme Court of Arkansas
Appeal from Pike Circuit Court; James S. STEEE, Judge; 1. There is no proof that the sale was within one year fiext before the finding of the indictment. Kirby’s Digest, § 2106. Proof of the time of commission of the act is essential. 67 Ark. 495, 497- 2. The court erred in peremptorily instructing the ..jury that the defendant was guilty. 87 Ala. 17. There was no proof that “Peruna” was prepared .to be sold for use and to be drunk as a beverage.
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Appeal from Pike Circuit Court; James S. STEEE, Judge; 1. There is no proof that the sale was within one year fiext before the finding of the indictment. Kirby’s Digest, § 2106. Proof of the time of commission of the act is essential. 67 Ark. 495, 497- 2. The court erred in peremptorily instructing the ..jury that the defendant was guilty. 87 Ala. 17. There was no proof that “Peruna” was prepared .to be sold for use and to be drunk as a beverage. It is not the intention of the law to prohibit the sale of medicines because they contain a proportion of alcohol. 39 Ark. 450; 50 Ark. 17; 72 Ark.…
1Opinion of the CourtMcCulloch, J.
The appellant was convicted under an indictment charging him with having sold intoxicating liquor without license. The testimony is undisputed, and the court instructed the jury to return a verdict of guilty, which was done, the lowest punishment provided by the statute being inflicted.
Appellant sold to one Kelly an intoxicating compound called “Peruna,” which was used as a beverage. He contends that the evidence did not warrant the instruction of the court and conviction because it failed to show that the alleged offense was committed within one year next before the finding of the…
2Cases cited7 opinions
- Sharp v. FitzhughSupreme Court of Arkansas · 1905
- Dixon v. StateSupreme Court of Arkansas · 1900
- Flower v. StateSupreme Court of Arkansas · 1882
- Woods v. StateSupreme Court of Arkansas · 1880
- Crawford v. StateSupreme Court of Arkansas · 1901
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- McLean v. PeopleSupreme Court of Colorado · 1919
- Roberts v. StateSupreme Court of Arkansas · 1907
- Pate v. TolerSupreme Court of Arkansas · 1935
- Williams v. City of MalvernSupreme Court of Arkansas · 1953
- Wilson v. StateSupreme Court of Arkansas · 1917
5 more not listed; retrieve them via the Exa API.