Rogers v. State
Supreme Court of Arkansas
Appeal from Garland Circuit Court; Scott Wood, Judge; ♦ 1. The demurrer should have been sustained. The indictment is void for duplicity and uncertainty. 37 Ark. 408; 22 Cyc. 338, 380, section 5 and note; 41 S. W. 809 j 67 Id. 397; 6 Id. 388. 2. The’manner of the selection of the jury was unlawful. Kirby & Castle’s Dig., § § 2518, 5238. 3. The verdict is against the evidence. The court erred in its instructions. 1. The indictment was good under the language of the act.
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Appeal from Garland Circuit Court; Scott Wood, Judge; ♦ 1. The demurrer should have been sustained. The indictment is void for duplicity and uncertainty. 37 Ark. 408; 22 Cyc. 338, 380, section 5 and note; 41 S. W. 809 j 67 Id. 397; 6 Id. 388. 2. The’manner of the selection of the jury was unlawful. Kirby & Castle’s Dig., § § 2518, 5238. 3. The verdict is against the evidence. The court erred in its instructions. 1. The indictment was good under the language of the act. The use of the disjunctive “or” does not render it uncertain. 37 Ark. 408. Is dicta merely. The modern cases permit the…
1Opinion of the CourtWood, J.
Appellant was indicted as follows: ‘ ‘ The grand jury of Garland County, in the name of and by the authority of the State of Arkansas, accuse Henry Rogers of the crime of unlawfully receiving liquors, committed as follows, towit: The said Henry Rogers on the 18th day of September, 1917, in the County of Garland aforesaid, did unlawfully receive for storage, distribution or on consignment for another, alcoholic liquors, against the peace and dignity of the State of Arkansas. ’ ’ The indictment was under Section 7, Act 13 of the Acts of 1917;
Appellant demurred to the indictment, which demurrer…
2Cases cited6 opinions
- Bowman v. StateSupreme Court of Arkansas · 1909
- Tiner v. StateSupreme Court of Arkansas · 1913
- York v. StateSupreme Court of Arkansas · 1909
- Thompson v. StateSupreme Court of Arkansas · 1881
- Cunningham v. StateWest Virginia Supreme Court · 1871
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Hooper v. StateSupreme Court of Arkansas · 1933
- Pate v. StateSupreme Court of Arkansas · 1922
- Gramlich v. StateSupreme Court of Arkansas · 1918
- Hallum v. BlackfordSupreme Court of Arkansas · 1941
- McGarity v. StateSupreme Court of Arkansas · 1922
8 more not listed; retrieve them via the Exa API.