Robertson v. State
Supreme Court of Arkansas
Appeal from Lonoke Circuit Court; George W. Clark, Judge; 1. Tke court erred in allowing prejudicial testimony to be introduced. 2. It was error to refuse to permit defendant to file a demurrer to the indictment which would have shown that defendant’s name is Will Bobinson and not Bill Bob-ertson, as charged in the indictment. 85 Ark. 12; 101 Id. 151. 2. Instruction No. 1 is erroneous and prejudicial because not responsive- to the proof and is not law.
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Appeal from Lonoke Circuit Court; George W. Clark, Judge; 1. Tke court erred in allowing prejudicial testimony to be introduced. 2. It was error to refuse to permit defendant to file a demurrer to the indictment which would have shown that defendant’s name is Will Bobinson and not Bill Bob-ertson, as charged in the indictment. 85 Ark. 12; 101 Id. 151. 2. Instruction No. 1 is erroneous and prejudicial because not responsive- to the proof and is not law. Defendant was charged with manufacturing ‘ ‘ whiskey, ’ ’ and there was no proof that the mixture he had made was intended to be used and…
1Opinion of the CourtMcCulloch, C. J.
Appellant was convicted under an indictment charging him with having manufactured “one pint of alcoholic, ardent, vinous and intoxicating spirits, commonly called ‘whiskey.’ ” It is undisputed that appellant erected a crude distillery m an outhouse at the home of one Ezell Trice in Lonoke County, where he lived, and that he attempted to manufacture whiskey. Appellant admitted as much in his testimony, but he denied that he completed the distillation of the whiskey from the raw material which he was using. He used a metal coal oil tank or barrel and a wooden keg, into one of which he put the…
2Cases cited1 opinion
- Carleton v. StateSupreme Court of Arkansas · 1917
3Cited by4 opinions
- Ridenour v. StateSupreme Court of Arkansas · 1931
- Canada v. StateSupreme Court of Arkansas · 1925
- Lambdin v. StateSupreme Court of Arkansas · 1921
- Graham v. StateSupreme Court of Arkansas · 1921