Wells Fargo & Co. Express v. State
Supreme Court of Arkansas
Appeal from Pike Circuit Court; Jefferson T. Cowling, Judge; 1. The question of good faith, in the delivery should have been -submitted to the jury, as a defense and not merely in mitigation of punishment. There must be an intent to violate _ the law — delivery itself is not a crime. 169 S. W. 604, 603, 606; 157 S. W. 908; 66 So. 115; 219 Fed. 334; 164 la. 112; 145 N. W. 45. The consignee told the agent that the consignment was for medicinal purposes.
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Appeal from Pike Circuit Court; Jefferson T. Cowling, Judge; 1. The question of good faith, in the delivery should have been -submitted to the jury, as a defense and not merely in mitigation of punishment. There must be an intent to violate _ the law — delivery itself is not a crime. 169 S. W. 604, 603, 606; 157 S. W. 908; 66 So. 115; 219 Fed. 334; 164 la. 112; 145 N. W. 45. The consignee told the agent that the consignment was for medicinal purposes. A receipt was taken and a truthful record made as required by law and filed with the clerk. The testimony shows due caution. The transaction…
1Opinion of the Court
HART, J.,
(after stating the facts). This appeal involves the construction of an act passed at the last session of the Legislature, approved January 24, 1917, prohibiting'the shipment of intoxicating liquors into this State, etc. Act 13, Acts of 1917. The particular sections necessary for a construction of the issues raised by this appeal are sections 1, 16 and 17, which are as follows:
“Section 1. That it shall be unlawful for any railroad company, express company, or other common carrier, or any officer, agent or employee of any of them, or any other person, to ship or to transport into, or…
2Cases cited4 opinions
- Southern Express Co. v. StateSupreme Court of Alabama · 1914
- Adams Express Co. v. CommonwealthCourt of Appeals of Kentucky · 1908
- Redmond v. StateSupreme Court of Arkansas · 1880
- Adams Express Co. v. CommonwealthCourt of Appeals of Kentucky · 1914
3Cited by2 opinions
- People v. AveryMichigan Supreme Court · 1926
- Rivard v. StateSupreme Court of Arkansas · 1918