State v. Black
Supreme Court of Arkansas
Appeal from Randolph Circuit Court; John W. Meeks, judge; STATEMENT BY THE COURT. Marvin Black and Frank E. Adair were convicted before a justice of the peace in Randolph County upon information filed by the deputy prosecuting attorney charging them with maintaining a place for selling and giving away liquor without license, contrary to section 5140, Kirby’s Digest, and fined $200 each Upon appeal to the circuit court the following facts were established ; That the…
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Appeal from Randolph Circuit Court; John W. Meeks, judge; STATEMENT BY THE COURT. Marvin Black and Frank E. Adair were convicted before a justice of the peace in Randolph County upon information filed by the deputy prosecuting attorney charging them with maintaining a place for selling and giving away liquor without license, contrary to section 5140, Kirby’s Digest, and fined $200 each Upon appeal to the circuit court the following facts were established ; That the defendants conducted a cold storage business in a building which had formerly been occupied by a saloon in' the town of…
1Opinion of the Court
Hill, C. J.,
(after stating the facts). This is an appeal taken by the State pursuant to sections 2616, 2617, Kirby’s Digest. As the crime of which the defendants were acquitted may be punished by imprisonment (section 5x46, Kirby’s Digest),, the judgment of acquittal cannot be reversed. Section 2618, Kirby’s Digest. Therefore, the only useful purpose of this appeal is to point out errors in the rulings of the trial court, if any occurred.
The instructions given by the court, which may be found in the statement of facts, are all erroneous as applied to the facts of this case. These instructions…
2Cases cited2 opinions
- Henry v. StateSupreme Court of Arkansas · 1906
- Glass v. StateSupreme Court of Arkansas · 1885
3Cited by1 opinion
- State v. AdamsSupreme Court of Arkansas · 1920