Legal Opinion

Anderson v. State

Supreme Court of Arkansas

Decided April 22, 1907PublishedCited by 2 opinions

Appeal from Little River Circuit Cou,rt; James S. Steel, Judge; The sale and purchase of the liquor occurred in the State of Texas. Appellant violated no statute of Arkansas. 45 Ark, 365; 54 Ark. 544; 17 Am. & Eng. Enc. of L. (2 Ed.) 333. Wm. F. Kirby, Attorney General, and Dan’l Taylor, Assistant, for appellee.

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Appeal from Little River Circuit Cou,rt; James S. Steel, Judge; The sale and purchase of the liquor occurred in the State of Texas. Appellant violated no statute of Arkansas. 45 Ark, 365; 54 Ark. 544; 17 Am. & Eng. Enc. of L. (2 Ed.) 333. Wm. F. Kirby, Attorney General, and Dan’l Taylor, Assistant, for appellee. If the words “given away,” as used in the statute, under which appellant was convicted, Kirby’s Dig. § 1943, are to be construed in their restricted sense, the case will have to be reversed; but if given their usual and ordinary meaning, the judgment should stand. A penal statute…

1Opinion of the CourtBattle, J.

The indictment in this case was based upon the following statute:

“Any person who shall sell or give away, either for himself o,r another, or be interested in the sale or giving away of, any ardent, vinous, malt or fermented liquors, or any compound or preparation thereof called tonics, bitters or medicated whisky, to any minor, without the written consent o,r order of the parent or guardian, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined in any sum not less than fifty nor more than one hundred dollars.” Kirby’s Digest, § 1943.

It was alleged in the indictment…

2Cases cited4 opinions

  1. Foster v. StateSupreme Court of Arkansas · 1885
  2. Commonwealth v. DavisCourt of Appeals of Kentucky · 1876
  3. Foster v. StateSupreme Court of Arkansas · 1885
  4. Wallace v. StateSupreme Court of Arkansas · 1891

3Cited by2 opinions

  1. Dale v. StateSupreme Court of Arkansas · 1909
  2. Kansas City Southern Railway Co. v. StateSupreme Court of Arkansas · 1915

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