Legal Opinion · Dissent

Hunter v. State

Supreme Court of Arkansas

Decided March 9, 1895Published

Appeal from Franklin Circuit Court, Ozark District. Jephtha H. Evans, Judge. STATEMENT BY THE COURT. The defendant, John Hunter, was indicted, tried and convicted in the Franklin circuit court, Ozark district, for “selling liquor without license,” and appeals to this court. There are what purport to be two bills of exception in the case, one certified by the circuit judge and the other by bystanders.

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Appeal from Franklin Circuit Court, Ozark District. Jephtha H. Evans, Judge. STATEMENT BY THE COURT. The defendant, John Hunter, was indicted, tried and convicted in the Franklin circuit court, Ozark district, for “selling liquor without license,” and appeals to this court. There are what purport to be two bills of exception in the case, one certified by the circuit judge and the other by bystanders. But for the purposes of this decision there is no very great difference between them. The substantial facts are that the defendant desired to purchase a less quantity of whisky than the distiller…

1DissentHughes, J.

It appears from the evidence in this case that the appellant, desiring to purchase some whisky from a distillery, and not desiring to buy as much as five gallons, which was the least amount the distillery could sell, without license, without a violation of law, solicited several persons to join him in the purchase of five gallons of whisky of the distillery, received from each of them money to buy, in conjunction with the others and himself, such part of the five gallons as each of them wanted, and with the money thus contributed bought of the distillery five gallons of whisky, which they…

2Cases cited3 opinions

  1. Young v. StateSupreme Court of Alabama · 1877
  2. Foster v. StateSupreme Court of Arkansas · 1885
  3. Johnson v. StateMississippi Supreme Court · 1885

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