Whitmore v. State
Supreme Court of Arkansas
Error to Howard Circuit Court. Wileiam C. Rodgers, Special Judge. statement by the court. Bill Whitmore, the defendant, was indicted for selling intoxicating liquors without license. On the trial there was evidence tending to prove that he sold whiskey without license.
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Error to Howard Circuit Court. Wileiam C. Rodgers, Special Judge. statement by the court. Bill Whitmore, the defendant, was indicted for selling intoxicating liquors without license. On the trial there was evidence tending to prove that he sold whiskey without license. On the other hand, there was evidence which tended to show that he did not sell whiskey or intoxicating liquor, but that he only made out orders for whiskey to St. Louis parties dealing in whiskey for such of his neighbors as requested him to do so as a favor to them, he having no interest in the sale, and only acting as agent…
1Opinion of the CourtRiddick, J.
(after stating the facts.) In this case the attorney general has confessed that there was error in the instructions given by the court, and, after considering the same, we concur in that opinion, and sustain the confession of error. The second instruction given by the court of his own motion would justify the conviction of the defendant if he did nothing more than purchase whiskey for others at their request and with their money. But there is nothing in our statute that makes it unlawful for one to purchase whiskey for another without license. The license is required of those who sell, not of…
2Cases cited1 opinion
- Hunter v. StateSupreme Court of Arkansas · 1895
3Cited by13 opinions
- Rector v. RobinsSupreme Court of Arkansas · 1905
- State v. ReillyNorth Dakota Supreme Court · 1913
- Reed v. StateCourt of Criminal Appeals of Oklahoma · 1909
- Bobo v. StateSupreme Court of Arkansas · 1912
- Dale v. StateSupreme Court of Arkansas · 1909
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