Legal Opinion

Kamenzend v. State

Supreme Court of Arkansas

Decided April 18, 1910Published

Appeal from Franklin Circuit Court, Ozark District; Jeptha H. Evans, Judge; A manufacturer or distiller may sell whisky in five-gallon original packages without incurring the penalties provided by the law for unlawful sale of liquors. 60 Ark. 247. Those who grow grapes may make wine thereof and sell same in original packages of not less than five gallons, notwithstanding the fact that at the next preceding election the vote of the people was against such sale. 67 Ark. 422;…

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Appeal from Franklin Circuit Court, Ozark District; Jeptha H. Evans, Judge; A manufacturer or distiller may sell whisky in five-gallon original packages without incurring the penalties provided by the law for unlawful sale of liquors. 60 Ark. 247. Those who grow grapes may make wine thereof and sell same in original packages of not less than five gallons, notwithstanding the fact that at the next preceding election the vote of the people was against such sale. 67 Ark. 422; 84 Ark. 482. The only exception in favor of wines is in favor of sacramental purposes. 62 Ark. 585. The manufacture of…

1Opinion of the CourtMcCulloch, C. J.

The question presented in this case is whether or not a grower of grapes or berries may make wine thereof and sell the same in original packages of not less than five gallons, properly labeled, within the territorial limits of an order of the county court prohibiting the sale of native wines and all other vinous, spirituous or intoxicating liquors. The particular statute which controls is as follows:

“Any person who grows or raises grapes or berries may make wine thereof and sell the same in quantities not less than one-fifth of a gallon, or in sealed bottles, anywhere in the State 'without…

2Cases cited3 opinions

  1. Cotton v. StateSupreme Court of Arkansas · 1896
  2. Bates v. StateSupreme Court of Arkansas · 1907
  3. Sluder v. StateSupreme Court of Arkansas · 1907

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