Appling v. State
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Greenwood District; Daniel Hon, Judge; The defendant having previously been convicted of running a “Blind Tiger” at a certain pool hall in Hartford, at which time at request of the prosecuting attorney he deposited his government license in the bank where the evidence shows it remained, it was error to admit his license as evidence in this case, and especially erroneous to charge the jury that such license was prima facie evidence of…
Read the full summary
Appeal from Sebastian Circuit Court, Greenwood District; Daniel Hon, Judge; The defendant having previously been convicted of running a “Blind Tiger” at a certain pool hall in Hartford, at which time at request of the prosecuting attorney he deposited his government license in the bank where the evidence shows it remained, it was error to admit his license as evidence in this case, and especially erroneous to charge the jury that such license was prima facie evidence of guilt. Kirby’s Digest, § 5144; 102 S. W. 7. The internal revenue license was properly admitted in evidence, there being no…
1Opinion of the CourtHill, C. J.
Dem Appling was proceeded against for the clandestine sale of liquor under sections 5140 et seq., Kirby’s Digest ; and there was also a proceeding under section 5137 et seq. to search for liquors, and, if found, to destroy them. After trials in the justice’s court, the cases were appealed to the circuit court. Appling was convicted by the jury, and the court ordered the liquors which had been found in his house destroyed.
The State introduced a United States internal revenue liquor license issued to Appling for the sale of liquors at Hartford, but it designated a different place for the sale…
2Cases cited2 opinions
- Peyton v. StateSupreme Court of Arkansas · 1907
- Liles v. StateSupreme Court of Arkansas · 1884
3Cited by4 opinions
- Lampley v. StateTennessee Supreme Court · 1954
- Parker v. MarshSupreme Court of Arkansas · 1952
- Collins v. StateSupreme Court of Arkansas · 1910
- Haglin v. HuntSupreme Court of Arkansas · 1933