Smith v. State
Supreme Court of Arkansas
Appeal from Lee Circuit Court; M. T. Sanders, Judge; Smith was indicted for selling liquor in Lee County without license. Waiving a jury, he was tried by the court and convicted, and has appealed. The evidence showed that defendant took orders for whisky from witnesses Roane and Wamble in Lee County, and that he delivered the whisky to the witness in each instance upon their paying him $3 for the whisky and 30 cents express charges.
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Appeal from Lee Circuit Court; M. T. Sanders, Judge; Smith was indicted for selling liquor in Lee County without license. Waiving a jury, he was tried by the court and convicted, and has appealed. The evidence showed that defendant took orders for whisky from witnesses Roane and Wamble in Lee County, and that he delivered the whisky to the witness in each instance upon their paying him $3 for the whisky and 30 cents express charges. According to the bill of exceptions signed by the trial judge, Roane testified as follows: “I requested the defendant to order. a gallon of whisky for me, which…
1Opinion of the CourtCockriue, C. J.
The bill of exceptions, as allowed by the circuit judge, leaves it in doubt whether the whisky which the appellant was charged with selling was shipped by the Helena dealer to the appellant, and was by him, as agent of the dealer, delivered to the purchasers; or whether it was shipped to the purchasers on the order of the appellant, and subsequently delivered to him by the express company as the agent of the purchasers. If the state of.facts last indicated exists, the sale was completed in Phillips County when the whisky was delivered to the carrier, and the appellant could not be convicted…
2Cases cited2 opinions
- Berger v. StateSupreme Court of Arkansas · 1887
- Herron v. StateSupreme Court of Arkansas · 1888
3Cited by7 opinions
- Crabb v. StateSupreme Court of Georgia · 1892
- Ferdon v. Zarriello Bros. Inc.New Jersey Superior Court Appellate Division · 1965
- Renee Cleaners, Inc. v. GOOD DEAL, ETC., NJNew Jersey Superior Court Appellate Division · 1965
- Wingfield v. StateSupreme Court of Arkansas · 1910
- Boone v. HolderSupreme Court of Arkansas · 1908
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