Emerson v. State
Supreme Court of Arkansas
APPEAL from Hot Spring Circuit Court. Hon. J. B. Wood, Circuit Judge. The indictment charges, and the evidence shows, a sale in JDeo., 1883, while the record of a former conviction shows a sale to the same minor in Sept., 1883. The burthen was on the defendant to show the identity of the two offences. If was not necessary for the State to prove that the minor did not have the written consent of parent or guardian.
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APPEAL from Hot Spring Circuit Court. Hon. J. B. Wood, Circuit Judge. The indictment charges, and the evidence shows, a sale in JDeo., 1883, while the record of a former conviction shows a sale to the same minor in Sept., 1883. The burthen was on the defendant to show the identity of the two offences. If was not necessary for the State to prove that the minor did not have the written consent of parent or guardian. This was a matter of defense and the onus was on him to show it, if true. Edgar v. State 37 Arh., 219. He sold at his peril. 36 Arh., 58 ; 37 Id., 108. By the acts of 1883, p. 193,…
1Opinion of the CourtCockkill, C. J.
To a prosecution for a violation of the statute against selling liquor to a minor without the necessary consent, appellant interposed a plea of former conviction. He did not allege in it that the offence for which he was to be tried was the same as that for which he had been convicted. No objection was made to the plea, and by consent the issue under it was submitted to the jury with his plea of not guilty. To sustain the issue on the first plea, appellant put in evidence the record of a former conviction, showing an indictment, the counterpart of the one under which the trial was…
2Cases cited3 opinions
- State v. AndrewsSupreme Court of Missouri · 1858
- State v. SmallSupreme Court of Missouri · 1860
- Commonwealth v. SutherlandMassachusetts Supreme Judicial Court · 1872
3Cited by8 opinions
- State v. PianfettiSupreme Court of Vermont · 1906
- Grayson v. StateSupreme Court of Arkansas · 1909
- State v. WatermanSupreme Court of Iowa · 1893
- Beck v. StateSupreme Court of Arkansas · 1919
- Mood v. StateIndiana Supreme Court · 1924
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