Scoggin v. City of Morrilton
Supreme Court of Arkansas
Appeal from Conway Circuit Court; A. B. Priddy, Judge; 1. There is not one word of testimony to sustain the verdict. Appellant was charged with selling — not buying — whiskey, and there is no testimony that he sold any.
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Appeal from Conway Circuit Court; A. B. Priddy, Judge; 1. There is not one word of testimony to sustain the verdict. Appellant was charged with selling — not buying — whiskey, and there is no testimony that he sold any. This court never adopted the scintilla rule; there must be a preponderance. 118 Ark. 352. There was no ‘«‘sale.” 23 Cyc. 284. The verdict should have been set aside. 106 S. W. 1125; lb. 23; 207 Mo. 619. 2. The jury disregarded the court’s instructions. 18 Pick. (Mass.), 13; 54 la. 628. The verdict is wholly unwarranted by the evidence. 20 Ark. 454 ; 21 Id. 302; 7 Id. 435; 29…
1Opinion of the CourtWood, J.
Upon an affidavit charging him with the unlawful sale of intoxicating liquor in the city of Morrilton on or about November 15, 1915, appellant was convicted and he ¡appeals to this court.
The only question for our consideration is whether the evidence is sufficient to sustain the verdict.
Giving the evidence its strongest probative force in favor of the appellee, it -shows that appellant left at the express office in the city of Morrilton, Arkansas, a key to an old house that opened into a back alley, and instructed a delivery -man of the express company to deliver packages for appellant at…
2Cases cited2 opinions
- Cunningham v. StateSupreme Court of Georgia · 1898
- Commonwealth v. ThayerMassachusetts Supreme Judicial Court · 1844
3Cited by4 opinions
- Union & Mercantile Trust Co. v. HarnwellSupreme Court of Arkansas · 1923
- Holmes v. StateSupreme Court of Arkansas · 1918
- Scoggin v. City of MorriltonSupreme Court of Arkansas · 1917
- Wilson v. StateSupreme Court of Arkansas · 1951