City of Eureka v. Davis
Supreme Court of Arkansas
Appeal from Greenwood District Court. In January, 1878, Frank Davis, the appellant, was tried and convicted in nine cases in the police court of the city of Eureka, for selling intoxicating liquors contrary to the provisions of ordinance No. 55 of said city, entitled “An ordinance regulating dramshops, tippling-houses, etc.”
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Appeal from Greenwood District Court. In January, 1878, Frank Davis, the appellant, was tried and convicted in nine cases in the police court of the city of Eureka, for selling intoxicating liquors contrary to the provisions of ordinance No. 55 of said city, entitled “An ordinance regulating dramshops, tippling-houses, etc.” Said nine cases were forthwith appealed to the district court, where, at May Term, 1878, of said court, this case, being one of the aforesaid cases, was tried by the court without a jury, and the appellant was found guilty as charged, and fined in the sum of $25 and costs…
1Opinion of the Court
The opinion- of the court was delivered by
Brewer, J.:
Defendant was convicted in the district court of Greenwood county on a charge of selling liquor without a license, and from such judgment of conviction he appeals to this court. The prosecution was commenced by the city of Eureka, in the police court of that city, and was for a violation of the city ordinance. On the trial, the fact of the sale was conceded, and the defense was that defendant had a license. The validity of this license, and the right of the plaintiff to question its validity, are the questions in the case. That a petition…
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