Ballentine v. State
Supreme Court of Arkansas
APPEAL from Garland Circuit Court. Hon. J. B. Wood, Judge. The indictment is uncertain.. It charges that the defendant kept a “ grocery or dram-shop.” The words have not the same meaning. The word “ grocery ” is not mentioned in see. 1856, Mansf. Dig.; nor is it an offense to permit gaming in a grocery. The court should have given all of section 1856 in its charge to the jury.
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APPEAL from Garland Circuit Court. Hon. J. B. Wood, Judge. The indictment is uncertain.. It charges that the defendant kept a “ grocery or dram-shop.” The words have not the same meaning. The word “ grocery ” is not mentioned in see. 1856, Mansf. Dig.; nor is it an offense to permit gaming in a grocery. The court should have given all of section 1856 in its charge to the jury. The court, on its own motion, gave in charge to the jury that they could assess a fine against the defendant not exceeding $250, or could imprison him not exceeding twelve months, or they might to do both. The jury…
1Opinion of the CourtCockuill, C. J.
Ballentine was indicted for permitting gaining in his “ dram-shop or grocery.” It is argued that the use of the words “dram shop” and “grocery,” accompanied by the disjunctive “or,” renders the indictment uncertain. The word “ grocery ” does not appear in the statute which defines the offense. [Mans. Dig., sec. 1856) If it is intended as a synonym for “ dram-shop” it is harmless. If it was used in a different sense it is surplusage merely, and should be disregarded, the real offense being the permitting of gaming in the dram-shop.
1. Indictment for gaming in dram shop.
2, Criminal Practice:…
2Cited by5 opinions
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- Evans v. StateSupreme Court of Arkansas · 1928