Bach v. State
Supreme Court of Arkansas
Appeal from Jackson Circuit Court. Richard H. Powell, Judge. Section 4856, Sand. & H. Dig., does not prohibit the sale by a licensed dealer of one qtiart of liquor in two bottles. The act does not say it shall be sold in one vessel only. Such acts are strictly construed. There was Only one sale, one price, one purchase,-one delivery to one person. No subterfuge was shown, nor any attempt to evade the law. 11 Am.
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Appeal from Jackson Circuit Court. Richard H. Powell, Judge. Section 4856, Sand. & H. Dig., does not prohibit the sale by a licensed dealer of one qtiart of liquor in two bottles. The act does not say it shall be sold in one vessel only. Such acts are strictly construed. There was Only one sale, one price, one purchase,-one delivery to one person. No subterfuge was shown, nor any attempt to evade the law. 11 Am. St. Rep. 260; 10 id. 30; 49 Mich. 384. A quart in quantity means one quart in quantity. The legislature did not say less than two fonts. If the liquor was sold in two pints, or other…
1Per curiam
The appellant, Adam Bach, was indicted and convicted in the Jackson circuit court, after trial by the court sitting as a jury, for selling liquor in quantities less than one quart, without a license, and appealed to this court.
The only question in the case is as to the sufficiency of the evidence to warrant the conviction, which, as taken from the abstract of the attorney general, was as follows, to-wit: “The defendant, Bach, obtained from the Jackson county court a license to. sell vinous, spirituous and malt liquors for the year 1895, in the town of Newport, Jackson county, Arkansas, a…
2Cases cited4 opinions
- State v. ZeitlerIndiana Supreme Court · 1878
- Thomas v. StateMississippi Supreme Court · 1872
- Murphy v. StateIndiana Supreme Court · 1849
- Weireter v. StateIndiana Supreme Court · 1879
3Cited by1 opinion
- State v. SpenceSupreme Court of Louisiana · 1910