Fenix v. State
Supreme Court of Arkansas
Appeal from Boone Circuit Court; Brice B. Hudgins, Judge; 1. The court erred in setting aside the verdict of the jury. No person shall be twice put in jeopardy. Const., art. 11, § 8. Nor can a judgment of acquittal of an offense the punishment of which is imprisonment be reversed.
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Appeal from Boone Circuit Court; Brice B. Hudgins, Judge; 1. The court erred in setting aside the verdict of the jury. No person shall be twice put in jeopardy. Const., art. 11, § 8. Nor can a judgment of acquittal of an offense the punishment of which is imprisonment be reversed. Nor can a court set aside a verdict of acquittal when the punishment may be imprisonment. 15 Ark. 261; 20 Id. 160; 28 Id. 113; 36 Id. 84; 38 Id. 550; 42 Id. 270; 47 Id. 568; Kirby’s Digest, § 5112. 2. There is no law to punish the purchaser of liquor. This case does not fall within Hunter v. State, 60 Ark. 312. See…
1Opinion of the CourtBattle, J.
The grand jury of Boone County, at the July, 1908, term of the circuit court of that county, indicted Newt Fénix for selling one pint of liquor without license. He was tried and acquitted. The court set aside the verdict of acquittal. He objected and saved exceptions. He was again tried on the following agreed statement of facts:
“Comes W. F. Reeves, prosecuting attorney of the 14th Judicial District, and Pace & Pace, attorneys for the defendant, and file this agreed statement of facts in the above-entitled cause :
“That the defendant, Newt Fénix, the prosecuting witness, J. D. Smith, and one…
2Cases cited6 opinions
- Foster v. StateSupreme Court of Arkansas · 1885
- Taylor v. StateSupreme Court of Arkansas · 1880
- Hunter v. StateSupreme Court of Arkansas · 1895
- State v. CzarnikowSupreme Court of Arkansas · 1859
- Jones v. StateSupreme Court of Arkansas · 1854
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Wilson v. StateSupreme Court of Arkansas · 1916
- Payne v. State ex rel. City of BoonevilleSupreme Court of Arkansas · 1916
- Temple v. StateSupreme Court of Arkansas · 1916
- Wilson v. StateSupreme Court of Arkansas · 1917
- Anderson v. StateSupreme Court of Arkansas · 1923
2 more not listed; retrieve them via the Exa API.