Legal Opinion

Looney v. State

Supreme Court of Arkansas

Decided November 15, 1884PublishedCited by 1 opinion

APPEAL from Benton Circuit Court. Under the three mile law as first enacted, there was no limitation as to"'the time it should remain in operation. This order was made in 1881. By acts 1883, pp., 54 & 55, all orders before that date expired on 1st January, 1884. The indictment was found 13th April, 1883, when the prohibitory order was in full force. The pretence of a sale of turpentine was a mere subterfuge to evade the law.

1Opinion of the CourtEakin, J.

Appellant was indicted in April, 1883, for selling ardent liquor within three miles of a certain church in Bentonville, the county court having previously made an order prohibing it. He was convicted and fined. After motion for a new trial which was overruled he appealed.

We are not aided by any brief of appellant, and the grounds of the motion for a new trial do not suggest any error.

r ed' ' The proof is that about a month before indictment a party went into the drug store of appellant with a flask in his hand and called for turpentine. Defendant was waiting on ladies and told him to lay his…

2Cited by1 opinion

  1. State v. CollinsWest Virginia Supreme Court · 1910

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