Legal Opinion

Osborne v. State

Supreme Court of Arkansas

Decided January 13, 1906PublishedCited by 5 opinions

Appeal from Marion Chancery Court; T. H. Humpi-ieRYS, Chancellor; STATEMENT BY THE COURT. Appellant, Osborne, was a distiller, and had the right, under a government license, to sell whisky in quantities of not less than five gallons. He shipped a quantity of whisky to his agent in a prohibited district, instructing him to sell the same in legal quantities. Said agent, without the knowledge or consent of appellant, was selling same in violation of the law.

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Appeal from Marion Chancery Court; T. H. Humpi-ieRYS, Chancellor; STATEMENT BY THE COURT. Appellant, Osborne, was a distiller, and had the right, under a government license, to sell whisky in quantities of not less than five gallons. He shipped a quantity of whisky to his agent in a prohibited district, instructing him to sell the same in legal quantities. Said agent, without the knowledge or consent of appellant, was selling same in violation of the law. Information having been filed, said liquor was seized to be destroyed, as authorized by section 5137, Kirby’s Digest.. Appellant…

1Opinion of the Court

Wood, J.,

(after stating the facts.) The liquor in controversy was kept in a prohibited district, and was being sold contrary to law. That brought it within the ban of section 5137 of Kirby’s Digest. It was wholly immaterial as to who owned the liquor, or what his purpose concerning it was. The statute is directed against the liquor itself that may be “kept in or shipped .into any prohibited district to be sold contrary to law.” When it is shown, as it is here, that the liquor is being sold contrary to law, the nuisance exists, and it boots not the owner to say that it was being sold without…

2Cases cited2 opinions

  1. State v. Intoxicating LiquorSupreme Court of Vermont · 1883
  2. Commonwealth v. Certain Intoxicating LiquorsMassachusetts Supreme Judicial Court · 1871

3Cited by5 opinions

  1. Rose v. StateIndiana Supreme Court · 1909
  2. United States v. 1364.76875 Wine GallonsDistrict Court, E.D. Missouri · 1945
  3. Leonard v. StateSupreme Court of Arkansas · 1910
  4. Lindley v. StateSupreme Court of Arkansas · 1909
  5. Ollre v. StateCourt of Criminal Appeals of Texas · 1909

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