Gazola v. State
Supreme Court of Arkansas
ERROR to Monroe Circuit Court. Hon. M. T. Sanders, Circuit Judge. No particular church or school-house was mentioned in the order, and the proof showed there were several in the town and neighborhood. There cannot be two or more centers within a circumscribed area. 4J Ark., 150. The order was void. It is unnecessary to name the particular church, if it be apparent that the radius is to be from one center. ‡0 Ark., 290; 4-3 Id-> I5°-
1Opinion of the CourtCockrill, C. J.
The appellant was convicted of a violation of the local option liquor law. His appeal questions the sufficiency of the indictment under which the conviction was obtained.
The indictment charges that the appellant did sell “one quart of whisky within three miles of the church-house and schools in the town of Brinkley,” the county court having prohibited, as was alleged, the sale or giving away of intoxicating liquor “within said limits.”
If the indictment had charged that the prohibited limit was within a radius of three miles of the church and school house in the town of Brinkley, it would then…
2Cited by1 opinion
- Thomas v. BurkeSupreme Court of Arkansas · 1909