Sluder v. State
Supreme Court of Arkansas
Appeal from Johnson .Circuit Court; J. Hugh Basham, Judge; The jury should have been instructed to acquit if the sale was made bona fide and in quantities not less than five gallons, although the entire quantity was not removed at the time. of sale. Kirby’s Digest, § § 7795, 5100. Error was committed in refusing to" instruct the jury that the question was as to the bona ñdes of the transaction. This should have been submitted to the jury.
1Opinion of the CourtHill, C. J.
Sluder was indicted for selling a quart of wine within three miles of the Knoxville public school contrary to the local option order of the county court of Johnson County. The court directed the jury to find the defendant guilty, which the jury did and assessed his fine at $25, and he has appealed.
The evidence shows that the wine was made by Sluder from grapes grown upon his own premises, and he had a right, under section 5100 of Kirby’s Digest, to sell the same in original packages of not less than five gallons; and the question in the case was whether he had made such sale.
The State’s…
2Cases cited2 opinions
- Robinson v. StateSupreme Court of Arkansas · 1894
- State v. BrownSupreme Court of Arkansas · 1907
3Cited by1 opinion
- Kamenzend v. StateSupreme Court of Arkansas · 1910