Herron v. State
Supreme Court of Arkansas
APPEAL from Monroe Circuit Court. M. T. Sanders, Judge. This was a prosecution before a justice of the peace, under sec. 4524, Mansfield’s Digest, for selling whiskey within three miles of the Methodist church in Brinkley in the county of Monroe. The appellant was convicted and appealed to the circuit court, where he was again convicted and fined and appealed to this court.
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APPEAL from Monroe Circuit Court. M. T. Sanders, Judge. This was a prosecution before a justice of the peace, under sec. 4524, Mansfield’s Digest, for selling whiskey within three miles of the Methodist church in Brinkley in the county of Monroe. The appellant was convicted and appealed to the circuit court, where he was again convicted and fined and appealed to this court. The case was tried upon an agreed statement of the facts, in substance as follows: The appellant was a licensed liquor dealer, doing business at Newport, in Jackson county, more than three miles distant from the Methodist…
1Opinion of the CourtCockrill, C. J.
1. Liquors:Executory mile law. The question in this case is whether the sale of a half gallon of whiskey,for which the appellant is prosecuted, was made at Newport, in Jackson county, or at Brinkley, in Monroe county. The prosecution is for a sale at the latter place, where the three mile law was in force; and, if the sale was made there, the conviction is right. But an executory con-to sell is not punishable under the three mile law. Carl & Tobey v. State, 43 Ark., 353; Berger v. State, 50 Ib., 20. “ I cannot construe a penal statute which punishes a sale,” says Judge Curtis in Sortwell v.…
2Cases cited2 opinions
- Sarbecker v. StateWisconsin Supreme Court · 1886
- Frank v. HoeyMassachusetts Supreme Judicial Court · 1880
3Cited by4 opinions
- Gottlieb v. RinaldoSupreme Court of Arkansas · 1906
- Josey v. StateSupreme Court of Arkansas · 1908
- Smith v. StateSupreme Court of Arkansas · 1891
- Jacobs v. StateSupreme Court of Arkansas · 1922