Beck v. State
Supreme Court of Arkansas
Appeal from Logan Circuit Court; James Cochran, Judge; 1. The conrt erred in giving the instructions for the State and in refusing those asked for defendant as to the plea of former conviction. The court virtually by its charge cut off the plea of former conviction. Art. 8, § 2, Const. 1874; 2 Wharton, Cr. Ev. (10 Ed.), § 578, pp. 1187-8; Id. secs. 580-1; 43 Ark. 68; 3 Cr.
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Appeal from Logan Circuit Court; James Cochran, Judge; 1. The conrt erred in giving the instructions for the State and in refusing those asked for defendant as to the plea of former conviction. The court virtually by its charge cut off the plea of former conviction. Art. 8, § 2, Const. 1874; 2 Wharton, Cr. Ev. (10 Ed.), § 578, pp. 1187-8; Id. secs. 580-1; 43 Ark. 68; 3 Cr. Ev. § 36; 65 Ark. 38; 72 Id. 419; 115 Id. 376; 130 Id. 325; 45 L. R. A. (N. S.) 977. 2. The general rule is that a conviction or acquittal for unlawfully selling intoxicating liquors bars a prosecution for any sale to the…
1Opinion of the CourtMcCulloch, C. J.
This an appeal from a judgment of conviction of the offense of selling intoxicating liquor. Three indictments were returned against appellant at the August, 1918, term of the Logan Circuit Court, each charging the offense of selling whiskey. One of the cases was tried at that term of court and the trial resulted in appellant’s conviction and sentence to the penitentiary. The present case was tried on one of the indictments at the August term, 1919. Appellant entered a plea of former conviction, as well as a plea of not guilty. To sustain the plea of former conviction, appellant attempted to…
2Cases cited7 opinions
- State v. BlahutSupreme Court of Arkansas · 1886
- Larkin v. StateSupreme Court of Arkansas · 1917
- Turner v. StateSupreme Court of Arkansas · 1917
- Bryant v. StateSupreme Court of Arkansas · 1904
- Ellis v. StateSupreme Court of Arkansas · 1918
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Wilson v. StateSupreme Court of Arkansas · 1931
- Henderson v. StateSupreme Court of Arkansas · 1974
- Bowles v. StateSupreme Court of Arkansas · 1979
- State v. GreenUtah Supreme Court · 1936
- Morris v. StateSupreme Court of Arkansas · 1924
4 more not listed; retrieve them via the Exa API.