Whitley v. State
Supreme Court of Arkansas
Appeal from White Circuit Court; J. M. Jackson, Judge; 1. The use of the two prepositions, “into” and “in,” in the information constitutes a mere redundancy and merely charges the transporting of liquor into this State from another State, and the court erred in its oral instruction to the jury, as defendant was not charged with transporting liquor from one place in this State to another place in this State, and even if it had, the instruction was error, for it was not shown…
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Appeal from White Circuit Court; J. M. Jackson, Judge; 1. The use of the two prepositions, “into” and “in,” in the information constitutes a mere redundancy and merely charges the transporting of liquor into this State from another State, and the court erred in its oral instruction to the jury, as defendant was not charged with transporting liquor from one place in this State to another place in this State, and even if it had, the instruction was error, for it was not shown by the evidence that the whiskey was for another person and no one testified when or where the whiskey was put on the…
1Opinion of the CourtMcCULLOCH, C. J.
The appellant, Albert Whitley, was arrested and convicted under an information filed by the prosecuting attorney charging him with violation of the act of January 24, 1917 (Acts of 1917, p. 41), as amended by act of February 17, 1919 (Acts of 1919, p. 75), prohibiting the transportation of intoxicating liquor. The information was filed before a justice of the peace of White County, through which county the liquor is charged to have been transported, and the trial before the justice of the peace resulted in the conviction of appellant, and an appeal was duly prosecuted to the circuit court of…
2Cases cited5 opinions
- Winfrey v. StateSupreme Court of Arkansas · 1918
- Rivard v. StateSupreme Court of Arkansas · 1918
- Bond v. StateSupreme Court of Arkansas · 1892
- Lacey v. StateSupreme Court of Arkansas · 1918
- Edwards v. StateSupreme Court of Arkansas · 1919
3Cited by2 opinions
- Jones v. StateSupreme Court of Arkansas · 1982
- KEVIN NEWTON HOULTON v. STATE OF ARKANSASCourt of Appeals of Arkansas · 2025