Springer v. State
Supreme Court of Arkansas
Appeal from Logan Circuit Court, Southern District; James Cochran, Judge; 1. The demurrer should have been sustained to the indictment.
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Appeal from Logan Circuit Court, Southern District; James Cochran, Judge; 1. The demurrer should have been sustained to the indictment. It did not contain the name of the alleged purchaser of the liquor. 16 Ark. 506; 19 Id. 613; lb. 630; 40 Id. 453; 125 Ark. 47; 23 L. R. A. (N. S.) 581; Bishop on Stat. Crimes, § 1037; 30 Fed. 112. 2. The evidence is not sufficient to support the verdict. 3. The court erred in permitting Dale Ayers’ testimony to go to the jury as to liquor shipments. 51 Ark. 186; Black on Intoxicating Liquors, § 524; 121 Ind. 491; 23 N. E. 287; 83 S. W. 935; 188 Id. 803; Joyce…
1Opinion of the CourtSmith, J.
This appeal is prosecuted to reverse a judgment sentencing appellant to the penitentiary for the illegal sale of intoxicating liquors.(1) There was a demurrer to the indictment upon the ground that it failed to allege the name of the person to whom the liquor was sold. During the time that the sale of intoxicating liquors was only a misdemeanor, under the laws of this State, this court became thoroughly committed to the doctrine that it was unnecessary to allege the name of the purchaser in charging an unlawful sale of liquor. The courts of the country are not in harmony on this question, and…
2Cases cited6 opinions
- Howard v. StateSupreme Court of Arkansas · 1904
- Wilson v. StateSupreme Court of Arkansas · 1916
- State v. ParnellSupreme Court of Arkansas · 1855
- McNeil v. StateSupreme Court of Arkansas · 1916
- Mason v. StateSupreme Court of Arkansas · 1917
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Noyes v. StateSupreme Court of Arkansas · 1923
- Starr v. StateSupreme Court of Arkansas · 1924
- Whittington v. StateSupreme Court of Arkansas · 1923
- Garrison v. StateSupreme Court of Arkansas · 1921
- Edwards v. StateSupreme Court of Arkansas · 1919
1 more not listed; retrieve them via the Exa API.