State v. Earles
Supreme Court of Arkansas
Appeal from Independence Circuit Court; Frederick D. Fulkerson, Judge; x. The gravamen of the offense consists in a dealer soliciting orders in prohibition territory. The allegation that the defendant unlawfully solicited and received an order from Mc-Spadden, to-wit: three quarts of whisky,'sufficiently charges the crime under the statute.
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Appeal from Independence Circuit Court; Frederick D. Fulkerson, Judge; x. The gravamen of the offense consists in a dealer soliciting orders in prohibition territory. The allegation that the defendant unlawfully solicited and received an order from Mc-Spadden, to-wit: three quarts of whisky,'sufficiently charges the crime under the statute. The further allegation that he transmitted the order in person to the wholesale dealer, etc., is immaterial, and may be treated as surplusage: The defendant is undoubtedly guilty of selling liquor without license. 60 Ark. 312. And under the evidence the…
1Opinion of the CourtMcCulloch, J.
Appellee, Walter Earles, was indicted for soliciting and receiving an order for intoxicating liquor in prohibition territory in violation of the act of April 1, 1907, which declares it to be “unlawful for any liquor dealer, firm or corporation, engaged in the sale of intoxicating liquors in this State, to in any manner, through agents, circulars, posters or newspaper advertisements, solicit orders for such sales of intoxicating liquors in any territory of this State wherein it would be unlawful to grant a license to make such sales.”
Section 2 of this statute is as follows:
“Section 2. The…
2Cited by2 opinions
- State v. BrewerSupreme Court of Arkansas · 1914
- Van Valkinburgh v. StateSupreme Court of Arkansas · 1911