Collins v. State
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Greenwood District; John Brizzolara, Judge; 1. The proper rule in determining whether a medical compound may be considered intoxicating is correctly stated in 4 Am. Law Eep. Anno., p. 1155. The court erred in permitting the State to prove that the medical compound contained 15 per cent, alcohol by volume and 12 per cent, by weight. The court should have sustained the demurrer to the evidence.
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Appeal from Sebastian Circuit Court, Greenwood District; John Brizzolara, Judge; 1. The proper rule in determining whether a medical compound may be considered intoxicating is correctly stated in 4 Am. Law Eep. Anno., p. 1155. The court erred in permitting the State to prove that the medical compound contained 15 per cent, alcohol by volume and 12 per cent, by weight. The court should have sustained the demurrer to the evidence. There was no competent proof that the compound was other than a medicinal preparation. There was no proof of a sale. 2. The State’s attorney’s remarks were…
1Opinion of the CourtSmith, J.
Appellant was tried, and convicted, upon a charge of selling intoxicating liquors, and has prosecuted this appeal to reverse that judgment.
Without introducing any direct testimony in support of that theory, appellant sought, by his cross-examination of the State’s witnesses, to prove that the liquor sold was a medicine, and was not intended to be used as a beverage. The witnesses referred to'the liquor as a medicine, and it was called bitter wine. One Price, a deputy sheriff, went to appellant’s home, and found three full cases of the liquor and a part of a fourth case. The bottles were sold…
2Cases cited4 opinions
- Smith v. BoswellSupreme Court of Arkansas · 1909
- Dow v. StateSupreme Court of Arkansas · 1906
- Caddo River Lumber Co. v. GroverSupreme Court of Arkansas · 1916
- St. Louis Southwestern Railway Co. v. LeflarSupreme Court of Arkansas · 1912
3Cited by2 opinions
- Perry v. StateSupreme Court of Arkansas · 1933
- Freeman v. StateSupreme Court of Arkansas · 1949