Legal Opinion

Ward v. State

Supreme Court of Arkansas

Decided July 8, 1918PublishedCited by 5 opinions

Appeal from Pike Circuit Court; J. S. Lake, Judge; 1. Appellant was indicted as a principal but on the trial adopted the theory that he was present aiding and abetting, etc., under Kirby & Castle’s Digest, § 1646. The evidence does not prove the crime and the burden was on the State. It failed. He was not shown even to have aided and abetted. 2. The court erred in refusing instructions 3, 6 and 8 asked by defendant.

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Appeal from Pike Circuit Court; J. S. Lake, Judge; 1. Appellant was indicted as a principal but on the trial adopted the theory that he was present aiding and abetting, etc., under Kirby & Castle’s Digest, § 1646. The evidence does not prove the crime and the burden was on the State. It failed. He was not shown even to have aided and abetted. 2. The court erred in refusing instructions 3, 6 and 8 asked by defendant. They state the law. 81 G-a. 592; 8 S. E. 450; 14 Wash. 527; 45 Pac. 145; 53 Am. St. 883; 164 U. S. 361. 1. The evidence is ample to support the verdict. 2. There is no error in…

1Opinion of the CourtHumphreys, J.

By Act 30, .Acts of Arkansas, 1915, it was made a felony for any person to manufacture, or be interested, directly or indirectly, in the manufacture of any alcoholic, vinous, malt,., spirituous or fermented liquors. Appellant was indicted, tried and convicted in the Pike circuit court, for the crime of manufacturing liquor under the aforesaid act. His penalty was fixed at one year in the State penitentiary. From the verdict and judgment of conviction, he has prosecuted an appeal to this court.

It is insisted that the judgment is erroneous on account of an alleged insufficiency of evidence to…

2Cases cited5 opinions

  1. McKinley v. BroomSupreme Court of Arkansas · 1910
  2. O'Neal v. ParkerSupreme Court of Arkansas · 1907
  3. Routh v. ThorpeSupreme Court of Arkansas · 1912
  4. Norman v. CammackSupreme Court of Arkansas · 1912
  5. Arkansas, Louisiana & Gulf Railway Co. v. KennedySupreme Court of Arkansas · 1908

3Cited by5 opinions

  1. Austin v. StateSupreme Court of Arkansas · 1931
  2. Holliman v. StateSupreme Court of Arkansas · 1948
  3. McGonagill v. StateSupreme Court of Arkansas · 1935
  4. York v. StateSupreme Court of Arkansas · 1932
  5. York v. StateSupreme Court of Arkansas · 1932

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