Wolfe v. State
Supreme Court of Arkansas
Appeal from Mississippi Circuit Court, Osceola District; W. J. Driver, Judge; STATEMENT OF FACTS. Appellant was indicted by the grand jury in the Osceola District of Mississippi County, charged with keeping a dram shop and drinking saloon, without having first procured a license, the charging part of the indictment being, as follows: “Accuse Joseph Wolfe of the crime of keeping a saloon, committed, as follows, towit: Said Captain Joseph Wolfe, in the county and State…
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Appeal from Mississippi Circuit Court, Osceola District; W. J. Driver, Judge; STATEMENT OF FACTS. Appellant was indicted by the grand jury in the Osceola District of Mississippi County, charged with keeping a dram shop and drinking saloon, without having first procured a license, the charging part of the indictment being, as follows: “Accuse Joseph Wolfe of the crime of keeping a saloon, committed, as follows, towit: Said Captain Joseph Wolfe, in the county and State aforesaid, Osceola District, on the 10th day of July, A. D. 1912, did unlawfully keep a dram shop and drinking saloon without…
1Opinion of the CourtKirby, J.
(after stating the facts). It is insisted for reversal that the court erred in overruling the demurrer to the indictment, in the giving and refusing of certain instructions, and that the testimony is not sufficient to sustain the verdict in that the venue was not proved and only one sale of liquor shown.
The indictment charges the offense under section 5125, of Kirby’s Digest, and follows the language of the statute, which this court has uniformly held is sufficient in charging a statutory offense, and the court committed no error in overruling the demurrer. Farmer v. State, 45 Ark. 97; Haupt…
2Cases cited11 opinions
- Cravens v. StateSupreme Court of Arkansas · 1910
- Houpt v. StateSupreme Court of Arkansas · 1911
- Commonwealth v. MarzynskiMassachusetts Supreme Judicial Court · 1889
- Cox v. CooleySupreme Court of Arkansas · 1908
- Hewitt v. PeopleIllinois Supreme Court · 1900
6 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Means v. StateSupreme Court of Arkansas · 1915
- Kosier v. StateSupreme Court of Arkansas · 1924
- Neal v. StateSupreme Court of Arkansas · 1922