Legal Opinion

Flower v. State

Supreme Court of Arkansas

Decided November 15, 1882PublishedCited by 5 opinions

APPEAL from Perry Circuit Court. Hon. J. M. Smith, Circuit Judge. Appellant sold whisky and threw in the powder. This was a mere subterfuge to evade the law.

1Opinion of the CourtSmith, J.

Elower was indicted for selling ardent liquors without license, pleaded not guilty, and on a trial before a jury was convicted. The proof showed that he kept a drug store in Perryville; that one Cook went to him, complained of feeling unwell, and stated that in his opinion it was whisky that he needed. After some hesitation, Elower delivered to him a pint of whisky, and also a saline powder, for which Cook paid him fifty cents.

Under the license act of March 8, 1879, druggists are not permitted to sell ardent spirits without a license — not even as medicine upon the prescription of a…

2Cited by5 opinions

  1. Chipman v. PeopleSupreme Court of Colorado · 1898
  2. Stelle v. StateSupreme Court of Arkansas · 1906
  3. Williams v. StateSupreme Court of Arkansas · 1959
  4. Cox v. Andrews (In re Andrews)United States Bankruptcy Court, E.D. Arkansas · 2011
  5. The Texas Company v. MattocksSupreme Court of Arkansas · 1947

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