Legal Opinion

Beane v. State

Supreme Court of Arkansas

Decided April 16, 1904PublishedCited by 1 opinion

Appeal from Stone Circuit Court. Frederick D. Fulkerson, Judge. STATEMENT BY THE COURT. The appellant was indicted (with others) for the crime of Sabbath breaking, by keeping open a dramshop. S. R. Henderson testified that about the 28th of September, 1902, he saw Benton Collie and another man go into the saloon at Sylamore, Stone county, Arkansas; didn’t know whether he sold any whisky or not; just saw them enter.

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Appeal from Stone Circuit Court. Frederick D. Fulkerson, Judge. STATEMENT BY THE COURT. The appellant was indicted (with others) for the crime of Sabbath breaking, by keeping open a dramshop. S. R. Henderson testified that about the 28th of September, 1902, he saw Benton Collie and another man go into the saloon at Sylamore, Stone county, Arkansas; didn’t know whether he sold any whisky or not; just saw them enter. W. O. Beane was not there at the time; saw strangers going in and out; took them to be railroad men. J. N. Craig testified that he was county judge of Stone county during the year…

1Opinion of the CourtWood, J.

(after stating the facts.) There was no evidence to support the verdict. The evidence does not show that the appellant kept open the saloon himself. It does not show that appellant had any interest in the saloon that was kept open. In the absence of any showing that appellant was the owner or interested in the saloon that was kept open on Sunday, the jury could not infer (since he was not present) that it was kept open with his knowledge, much less with his assent.

The fact that license was granted to W. O. Beane & Co. to sell liquor at Sylamore does not establish the fact that Beane was…

2Cases cited3 opinions

  1. Commonwealth v. BriantMassachusetts Supreme Judicial Court · 1886
  2. Commonwealth v. HayesMassachusetts Supreme Judicial Court · 1887
  3. Cloud v. StateSupreme Court of Arkansas · 1880

3Cited by1 opinion

  1. Ollre v. StateCourt of Criminal Appeals of Texas · 1909

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