Legal Opinion

Scoggin v. City of Morrilton

Supreme Court of Arkansas

Decided January 22, 1917Published

Appeal from Conway Circuit Court; A. B. Priddy, Judge; 1. This is the second appeal in this ease. 124 Ark. 585. Our contention again is that the evidence is not sufficient to sustain the verdict.

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Appeal from Conway Circuit Court; A. B. Priddy, Judge; 1. This is the second appeal in this ease. 124 Ark. 585. Our contention again is that the evidence is not sufficient to sustain the verdict. The law also was not properly declared. 20 Ark. 454; 7 Id. 435; 65 Id. 279; 29 Cyc. 832; .56 N. E. 292; 47 Ark. 567; 94 Id. 568; 118 Id. 352; 218 U. S. 245; 134 Pac. 77. The ordinance is void, being inconsistent with the law, Kirby’s Digest, §§ 5093-4. 1. No exceptions were saved to the instructions. 104 Ark. 255; 91 Id. 43; 89 Id. 24; 78 Id. 490. 2. The evidence is sufficient to sustain the verdict.…

1Opinion of the CourtSmith, J.

This is the second appeal of this case, a former conviction having been reversed by us because of the insufficiency of the evidence to sustain the verdict of the jury. Scoggin v. City of Morrilton, 124 Ark. 585. The opinion in that case sets out the evidence which we then held insufficient to sustain the conviction. Upon the remand of the cause the same evidence was offered at the second trial, but, in addition, the city offered the testimony of one Tarry Webb. This witness testified that he loaned one Gene West fifty cents with which to buy a pint of whisky from appellant, and that West…

2Cases cited1 opinion

  1. Scoggin v. City of MorriltonSupreme Court of Arkansas · 1916

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