State v. Doss
Supreme Court of Arkansas
Appeal from White Circuit Court. Hance N. Hutton, Judge. STATEMENT BY THE COURT. The appellee was indicted for the unlawful sale of whisky on the 8th day of July, 1901, in White county, within three miles of the Methodist Church, South, situated in the incorporated town of Beebe, Arkansas, the county court of White county having previously made and entered upon its records an order prohibiting the sale of intoxicating liquors within said limits, which order was then and…
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Appeal from White Circuit Court. Hance N. Hutton, Judge. STATEMENT BY THE COURT. The appellee was indicted for the unlawful sale of whisky on the 8th day of July, 1901, in White county, within three miles of the Methodist Church, South, situated in the incorporated town of Beebe, Arkansas, the county court of White county having previously made and entered upon its records an order prohibiting the sale of intoxicating liquors within said limits, which order was then and there of record in the office of clerk of said court and in full force and effect. The defendant pleaded not guilty, and the…
1Opinion of the Court
Hughes, J.,
(after stating the facts.) The -court had power and the right to revoke its order revoking the prohibitory order during the term at which the order was made,' and its finding of facts warranted it in doing so. When the order was revoked, it left the prohibitory order in full force, and really showed that it had never been in effect suspended. The license granted upon the order revoking the prohibitory order never had any validity, and there was no foundation in fact for such license. The license therefore was no protection to the defendant against a prosecution for the sale of…
2Cases cited1 opinion
- Underwood v. SledgeSupreme Court of Arkansas · 1871
3Cited by4 opinions
- Nickles v. WoodSupreme Court of Arkansas · 1953
- Bordwell v. StateSupreme Court of Arkansas · 1905
- Bailey v. WestSupreme Court of Arkansas · 1912
- Alexander v. StateSupreme Court of Arkansas · 1905