Legal Opinion

Salmon v. State

Supreme Court of Arkansas

Decided December 10, 1906Published

Appeal from Woodruff Circuit Court; Fiance N. Hutton, Judge; 1. Manufacturers were exempted from the provisions of the act of 1879, and were permitted to sell in original packages of not less than five gallons without license. Acts 1879, p. 33. They were also exempted from the provisions of the amendatory Act of 1883, and by that ac-t permitted to sell without license, upon the same terms.

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Appeal from Woodruff Circuit Court; Fiance N. Hutton, Judge; 1. Manufacturers were exempted from the provisions of the act of 1879, and were permitted to sell in original packages of not less than five gallons without license. Acts 1879, p. 33. They were also exempted from the provisions of the amendatory Act of 1883, and by that ac-t permitted to sell without license, upon the same terms. Acts 1883, p. 192. The “three mile” law was enacted March 21, 1881. If it applied to distilleries, it was repealed by the general repealing clause of the act of 1883. Acts 1883, p. 192, § 4. The acts…

1Opinion of the Court

BatteE, J:

“Ed Salmon, the appellee, hereinafter called the defendant, was indicted in the Woodruff Circuit Court for unlawfully selling five gallons of whisky within three miles of Ebenezer Church, situated in the Southern District of Woodruff County. He was convicted on September 7, 1906, by the court, sitting as a jury, upon the following statement of facts, towit:
“It is agreed that the Cache River Valley Distilling Cpmpany is a corporation which has complied with all the laws of the United- States authorizing it to distill ardent spirits and whisky at Mayberry, Arkansas, in the Southern…

2Cases cited1 opinion

  1. Cotton v. StateSupreme Court of Arkansas · 1896

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