Brownson v. State
Supreme Court of Arkansas
Appeal from Benton Circuit Court; Joseph S. Maples, Judge; The mere keeping of malt tonic for sale openly and without the aid or intervention of a device of some kind is not unlawful. 45 Ark. 173. The stuff sold or kept for sale must contain the elements necessary to constitute an intoxicating liquor in -such form as it may be used as a beverage. 69 Ark. 361. To sell malt liquor indirectly, as by furnishing it as a medicine, rather than directly over the counter, is a…
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Appeal from Benton Circuit Court; Joseph S. Maples, Judge; The mere keeping of malt tonic for sale openly and without the aid or intervention of a device of some kind is not unlawful. 45 Ark. 173. The stuff sold or kept for sale must contain the elements necessary to constitute an intoxicating liquor in -such form as it may be used as a beverage. 69 Ark. 361. To sell malt liquor indirectly, as by furnishing it as a medicine, rather than directly over the counter, is a device, pure and simple, such as the law was intended to prohibit. 22 S. W. 370; 85 N. W. 12; Black on Intox. Liq., § § 405…
1Opinion of the CourtMcCulloch, C. J.
Appellant was arrested and tried before a justice of the peace in Benton County upon information filed by the prosecuting attorney charging him with violating the “blind tiger” statute. In the information appellant is charged with using and controlling a certain house in the town of Monte Ne in which he is engaged in conducting a drug business, and that openly and secretly by means of device he unlawfully did sell and give away, and cause to 'be sold and given away, and kept and allowed to be kept for sale and to be given away, alcoholic, ardent, vinous, malt and fermented liquors and…
2Cases cited2 opinions
- Bradshaw v. StateSupreme Court of Arkansas · 1905
- Crawford v. StateSupreme Court of Arkansas · 1901
3Cited by1 opinion
- Kinnanne v. StateSupreme Court of Arkansas · 1913