Legal Opinion

Mobley v. State

Supreme Court of Arkansas

Decided September 30, 1918PublishedCited by 5 opinions

Appeal from Pulaski Circuit Court, First Division; J. W. Wade, Judge; 1. Hobbs’ testimony is too remote and disconnected and is irrelevant. 23 Cyc. 250, note 24; 124 S. W. 107; 110 S. W. 900; 44 Id. 494; 111 Id. 412. 2. Dixon’s testimony fails to connect appellant with the sale. 3. Holloway’s testimony should have been admitted as to Mattie Foster’s character. 1 Wigmore on Ev., 655, 749; 69 N. C. 75. 4. Luke Wesson was convicted of crime and the records showing this should…

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Appeal from Pulaski Circuit Court, First Division; J. W. Wade, Judge; 1. Hobbs’ testimony is too remote and disconnected and is irrelevant. 23 Cyc. 250, note 24; 124 S. W. 107; 110 S. W. 900; 44 Id. 494; 111 Id. 412. 2. Dixon’s testimony fails to connect appellant with the sale. 3. Holloway’s testimony should have been admitted as to Mattie Foster’s character. 1 Wigmore on Ev., 655, 749; 69 N. C. 75. 4. Luke Wesson was convicted of crime and the records showing this should have been admitted. 5. It was error to refuse to permit appellant to exhibit his hands to the jury, to show that he was a…

1Opinion of the CourtSmith, J.

Appellant seeks by this appeal to reverse the judgment of the court below imposing a sentence of a year in the penitentiary upon a charge of selling intoxicating liquors.

It is first insisted that error was committed in permitting a deputy sheriff named Hobbs to testify that he raided appellant’s home on June 6,1916, and found three dozen bottles of beer and some whiskey on ice, but the witness was not as positive about the whiskey as he was about the beer; and he also testified that he saw a boy coming out of appellant’s house at the time of the raid with a bottle in his hands.

The indictment…

2Cases cited2 opinions

  1. Dean v. StateSupreme Court of Arkansas · 1917
  2. Mason v. StateSupreme Court of Arkansas · 1917

3Cited by5 opinions

  1. Kirkpatrick v. StateSupreme Court of Arkansas · 1928
  2. Herren v. StateSupreme Court of Arkansas · 1925
  3. Maroney v. StateSupreme Court of Arkansas · 1928
  4. Taylor v. StateSupreme Court of Arkansas · 1925
  5. Kirkpatrick v. StateSupreme Court of Arkansas · 1928

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