Lindsey v. State
Supreme Court of Arkansas
Appeal from Lonoke Circuit Court; George W. Clarke, Judge; The court erred in refusing to give instructions Nos. 1 and 2, as asked by defendant. 196 S. W. 922; 203 S. W. 703. Instructions that are obviously ambiguous should be specifically objected to. 131 Ark. 487; 92 Ark. 238. The verdict of the jury will not be set aside by a misleading instruction, when that instruction is made by other instructions given. 59 Ark. 422; 58 Ark. 353. It is contrary to the law to aid and…
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Appeal from Lonoke Circuit Court; George W. Clarke, Judge; The court erred in refusing to give instructions Nos. 1 and 2, as asked by defendant. 196 S. W. 922; 203 S. W. 703. Instructions that are obviously ambiguous should be specifically objected to. 131 Ark. 487; 92 Ark. 238. The verdict of the jury will not be set aside by a misleading instruction, when that instruction is made by other instructions given. 59 Ark. 422; 58 Ark. 353. It is contrary to the law to aid and assist in the purchase or securing of intoxicating liquor. Crawford & Moses’ Digest, § 6163. See, also, 114 Ark. 391; 124…
1Opinion of the CourtWood, J.
The appellant was indicted in the Lonoke Circuit Court under separate counts for selling intoxicating liquor and also for procuring for another intoxicating liquor. By agreement of counsel for the State and the defendant the indictments were consolidated for trial. The jury returned the following verdict: “We, the jury, find the defendant guilty of selling whiskey as charged in the indictment and fix his punishment at one year at hard labor in the Arkansas penitentiary. We, the jury, find the defendant not guilty of procuring liquor.”
The appellant does not contend here that the evidence was…
2Cases cited1 opinion
- Keirsey v. StateSupreme Court of Arkansas · 1917
3Cited by1 opinion
- Wilson v. StateSupreme Court of Arkansas · 1977