Legal Opinion

Dale v. State

Supreme Court of Arkansas

Decided May 31, 1909PublishedCited by 10 opinions

Appeal from Faulkner Circuit Court; Eugene Lankford, Judge; STATEMENT BY'THE COURT. This appeal is from a conviction for selling whisky within ten miles of Hendrix College. The evidence on behalf of -the State tended to show that appellant sold whisky within ten miles of Hendrix College as charged.

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Appeal from Faulkner Circuit Court; Eugene Lankford, Judge; STATEMENT BY'THE COURT. This appeal is from a conviction for selling whisky within ten miles of Hendrix College. The evidence on behalf of -the State tended to show that appellant sold whisky within ten miles of Hendrix College as charged. Appellant in his own behalf testified as follows; “He took his gun and attempted to get a shot at some geese on the sandbar; that a party called Shorty went with him; that they went to Atkin’s gin, where they met Will Starrett; that Will Starrett asked him if he didn’t have some whisky to sell, to…

1Opinion of the CourtWood, J.

(after stating facts). It has often been ruled that one who aids another in the sale of whisky contrary to law is guilty as a principal offender, no matter what subterfuge is resorted to, or what means are employed to accomplish the sale. Foster v. State, 45 Ark. 361. But it is also well settled that where there is no statute against the purchase of whisky, one who assists the purchaser in buying the whisky and confines his participation in the transaction exclusively to the buying and not to the selling is not guilty of any offense. Fenix v. State, post. p. 589; Foster v. State, 45 Ark.…

2Cases cited3 opinions

  1. Foster v. StateSupreme Court of Arkansas · 1885
  2. Whitmore v. StateSupreme Court of Arkansas · 1903
  3. Anderson v. StateSupreme Court of Arkansas · 1907

3Cited by10 opinions

  1. Lott v. United StatesCourt of Appeals for the Ninth Circuit · 1913
  2. Wilson v. StateSupreme Court of Arkansas · 1916
  3. Bobo v. StateSupreme Court of Arkansas · 1912
  4. Payne v. State ex rel. City of BoonevilleSupreme Court of Arkansas · 1916
  5. Wilson v. StateSupreme Court of Arkansas · 1917

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