Legal Opinion

Hager v. State

Supreme Court of Arkansas

Decided January 12, 1920PublishedCited by 3 opinions

Appeal from Lawrence Circuit Court, Eastern District; Dene H. Coleman, Judge; There was no competent evidence to convict appellant, even treating the information as amended by the evidence introduced. Whitley v. State, 140 Ark. 425. He was not an aider and abetter in transporting the liquor from one place to another in this State.

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Appeal from Lawrence Circuit Court, Eastern District; Dene H. Coleman, Judge; There was no competent evidence to convict appellant, even treating the information as amended by the evidence introduced. Whitley v. State, 140 Ark. 425. He was not an aider and abetter in transporting the liquor from one place to another in this State. Mere silence in the presence of crime is not sufficient to convict. 81 Ark. 173. No active part by word or act was taken by defendant to constitute him an aider or abetter in the crime. 88 Id. 240; 45 Id. 361; 60 Id. 312. The evidence is clear and convincing that…

1Opinion of the Court

McCulloch, C.' J.

Appellant was convicted of the offense of transporting liquor in Lawrence County, in this State, in violation of the act of February 17, 1919 (Acts of 1919, p. 75), making it unlawful “for any person, firm, corporation or association in any manner to transport * * * from one place to another in this State * * * by any means whatsoever, any alcoholic, vinous, malt, spirituous or fermented liquors,” etc.

The only ground urged for reversal of the judgment is that the evidence does not sustain the conviction. There is' little, if any, dispute about the facts. A young man named…

2Cases cited2 opinions

  1. Fortenbury v. StateSupreme Court of Arkansas · 1886
  2. Miller v. StateSupreme Court of Arkansas · 1891

3Cited by3 opinions

  1. Locke v. Fort SmithSupreme Court of Arkansas · 1922
  2. Wilson v. BatesvilleSupreme Court of Arkansas · 1929
  3. Jones v. StateSupreme Court of Arkansas · 1934

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