Yowell v. State
Supreme Court of Arkansas
APPEAL from Franklin Circuit Court. Hon. G. L. Cunningham, Circuit Judge. The bargain was made at Mulberry, the money paid there to one of the firm and the liquor delivered there, and the •sale actually took place within the prohibited limits. STATEMENT.
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APPEAL from Franklin Circuit Court. Hon. G. L. Cunningham, Circuit Judge. The bargain was made at Mulberry, the money paid there to one of the firm and the liquor delivered there, and the •sale actually took place within the prohibited limits. STATEMENT. English, C. J. The indictment in this case alleged ill substance, that Major Yowell, on the fifteenth day of December, 1882, in the county of Franklin, and within three miles of the church and school house at Mulberry, did unlawfully sell to one A. C. Johnson one quart of spiritous and intoxicating liquor, when the county ■court of said…
1Opinion of the Court
OPINION.
In the instruction moved for appellant, the facts in evidence, that he was a member of the firm of Gatlin & Co., the owners of the saloon at Ticon, and that Wilkerson was merely the bar-tender, are ignored, and the instruction was properly refused. If the doctor had handed the dollar to some person going to Ticon, who had no interest in the saloon, and requested him to purchase for him a quart of his favorite whiskey, at the saloon of Gatlin & Co., where it was kept, and he had done so, it would have been a sale at Ticon. But the money was handed to appellant at Mulberry, and he went…
2Cited by5 opinions
- Berger v. StateSupreme Court of Arkansas · 1887
- Josey v. StateSupreme Court of Arkansas · 1908
- State v. HoutsMissouri Court of Appeals · 1889
- Glass v. StateSupreme Court of Arkansas · 1900
- Cross v. StateSupreme Court of Arkansas · 1905