Legal Opinion

Hubman v. State

Supreme Court of Arkansas

Decided January 11, 1896Published

Appeal from Lonoke Circuit Court. James S. Thomas, Judge. John Hubman was indicted for selling five gallons of wine “in a territory where the sale of wine was not licensed by the county court.”

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Appeal from Lonoke Circuit Court. James S. Thomas, Judge. John Hubman was indicted for selling five gallons of wine “in a territory where the sale of wine was not licensed by the county court.” The cause was tried upon an agreed statement of facts, which recites as follows: “That defendant, John Hubman, did in Lonoke county, Arkansas, on the first day of November, 1894, sell G. W. Scott five gallons of wine, made from grapes grown and raised by said defendant, John Hubman, in Saline county, Arkansas; the said wine, so sold, was defendant’s own make ; that the sale was in the original package,…

1Opinion of the CourtBattle, J.

The sale of wine in this state without license is regulated by an act entitled “An act to regulate the sale of wine in the state of Arkansas,” approved April 3, 1889, which, as enacted, is, in part, as follows :

“Section 1. That it shall be unlawful for any person to sell wine at any place in this state except as authorized in this act.

‘ ‘Section 2. Any person who grows or raises grapes or berries may make wine thereof, and sell the same upon the premises where such grapes or berries are grown and the wine made, in quantities not less than one quart; such person may also sell the wine of his…

2Cases cited5 opinions

  1. State v. DeschampSupreme Court of Arkansas · 1890
  2. State v. KeithSupreme Court of Arkansas · 1881
  3. Wilson v. StateSupreme Court of Arkansas · 1880
  4. Boldt v. StateSupreme Court of Arkansas · 1895
  5. Galloway v. StateSupreme Court of Arkansas · 1895

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