Legal Opinion

Turner v. State

Supreme Court of Arkansas

Decided September 23, 1918PublishedCited by 3 opinions

Appeal from Sebastian Circuit Court, Fort Smith District; Paul Little, Judge; 1. The evidence is sufficient to sustain the conviction. 2. The motion for. continuance was properly overruled. Due diligence was not shown and no prejudice is shown.

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Appeal from Sebastian Circuit Court, Fort Smith District; Paul Little, Judge; 1. The evidence is sufficient to sustain the conviction. 2. The motion for. continuance was properly overruled. Due diligence was not shown and no prejudice is shown. There was no showing that the presence of the absent witness was reasonably expected at a future term of court. 62 Ark. 543; 103 Id. 509. Besides appellant had the benefit of the testimony of this witness as his testimony was read to the jury. 90 Ark. 384. 3. The remarks of the prosecuting attorney are not shown in the bill of exceptions. 131 Ark. 445;…

1Opinion of the CourtWood, J.

Appellant was convicted under Act 30 of the Acts of 1915, p. 98, of the crime of selling spirituous liquors and sentenced to one year in the penitentiary. The indictment was valid. It was returned by the grand jury on the 5th day of June, 1918. Appellant was put upon trial on June 12, 1918. The testimony tended to prove that appellant, on the 3rd of September, 1917, in Fort Smith, Sebastian County, Arkansas, sold to one Skelton, for the sum of $5, two pints of whiskey. The testimony was sufficient to sustain the verdict.

When the case was called, appellant moved to continue on account of the…

2Cases cited6 opinions

  1. Larkin v. StateSupreme Court of Arkansas · 1917
  2. Alexander v. StateSupreme Court of Arkansas · 1902
  3. Chicago, Rock Island & Pacific Railway Co. v. HarrisSupreme Court of Arkansas · 1912
  4. Manasco v. StateSupreme Court of Arkansas · 1912
  5. McCarthy v. StateSupreme Court of Arkansas · 1909

1 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Adams v. StateSupreme Court of Arkansas · 1928
  2. Morris v. StateSupreme Court of Arkansas · 1939
  3. Franklin v. StateSupreme Court of Arkansas · 1922

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