Hicks v. State
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Fort Smith District; Paul Little, Judge; 1. The court erred in excluding the testimony of L. F. Fairchild as to what Gfoldsworthy, an absent witness, testified in examining trial. Kirby’s Digest, § 2148; 76 Ark. 515; 33 Id. 539; 60 Id. 400; 95 Id. 172. 2. The court erred in refusing the instructions asked by defendant. No public offense was charged or proven.
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Appeal from Sebastian Circuit Court, Fort Smith District; Paul Little, Judge; 1. The court erred in excluding the testimony of L. F. Fairchild as to what Gfoldsworthy, an absent witness, testified in examining trial. Kirby’s Digest, § 2148; 76 Ark. 515; 33 Id. 539; 60 Id. 400; 95 Id. 172. 2. The court erred in refusing the instructions asked by defendant. No public offense was charged or proven. The prosecuting witness parted with his money in an effort to get appellant to violate the law by selling liquor, or parted with his money in bad faith. The Legislature has declared liquor to have no…
1Opinion of the CourtHumphreys, J.
Appellant was indicted, tried and convicted in the Fort Smith District of Sebastian County for obtaining $21 in money from Lem Drake under the false pretense that he had delivered him four quart bottles filled with whiskey, when, in truth, the bottles contained colored water. From the judgment of conviction, an appeal has been duly prosecuted to this court.
The evidence on the part of the State showed that on Saturday night, April 12, 1919, Lem Drake was in Sid Collier’s store in Fort Smith; that appellant offered to sell and Lem Drake agreed to buy four quarts of whiskey from him for $21;…
2Cases cited3 opinions
- Lawson v. StateSupreme Court of Arkansas · 1915
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- Perkins v. StateIndiana Supreme Court · 1879
3Cited by2 opinions
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