Legal Opinion

Ward v. State

Supreme Court of Arkansas

Decided November 15, 1885PublishedCited by 8 opinions

APPEAL from Nevada Circuit Court. Hon. L. A. Byrne, Circuit Judge. 1. The circuit court erred in giving the instructions asked by the state, and in refusing the instruction asked by appellant, for there was no direct evidence of a sale to the minor, Will Arnold; and the question as to whether there were circumstances in evidence justifying the jury in finding that there was an indirect sale—that the minor was using Rowland to screen his own participation in the…

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APPEAL from Nevada Circuit Court. Hon. L. A. Byrne, Circuit Judge. 1. The circuit court erred in giving the instructions asked by the state, and in refusing the instruction asked by appellant, for there was no direct evidence of a sale to the minor, Will Arnold; and the question as to whether there were circumstances in evidence justifying the jury in finding that there was an indirect sale—that the minor was using Rowland to screen his own participation in the purchase—should have been submitted to the jury under proper instructions from the circuit court. Seigel v. People, 106 III.,- 29.…

1Opinion of the Court

Smith, T.

1. selling liquor to minors.

Ward was convicted of selling liquor to a minor. He moved for a new trial, because the verdict was contrary to the evidence, and for misdirection of the jury.

There is no controversy about the facts. One Rowland, an" adult, invited several persons, including a minor, to drink with him at the bar of defendant’s saloon. Each named his drink, and glasses and a bottle of whisky were set out. The minor and the rest of the party drank in the presence of the defendant. Rowland paid for all the drinks, and the minor furnished no part of the money, but drank at the…

2Cases cited3 opinions

  1. Siegel v. PeopleIllinois Supreme Court · 1883
  2. Stevenson v. StateIndiana Supreme Court · 1879
  3. St. Goddard v. BurnhamMassachusetts Supreme Judicial Court · 1878

3Cited by8 opinions

  1. Barrie v. United Railways Co.Missouri Court of Appeals · 1909
  2. Buchanan v. StateCourt of Criminal Appeals of Oklahoma · 1910
  3. State Ex Rel. Gehrs v. Public Service CommissionMissouri Court of Appeals · 1938
  4. Coker v. StateSupreme Court of Alabama · 1890
  5. Leathers v. StateCourt of Criminal Appeals of Oklahoma · 1937

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