Roberts v. State

Griffin Smith, Chief Justice.

The appellant as defendant was convicted October 23, 1951, on an indictment charging that he possessed intoxicating liquors upon which the domestic excise tax had not been paid, Ark. Stat’s, § 48-934; Act 306 of 1947. Collaterally, see § 48-935. The 1941 statute fixed the penalty at not less than $50 nor more than $500, or imprisonment not exceeding six months, “or both so fined and imprisoned in the discretion of the court or jury. ’ ’ The judgment, responsive to the jury’s verdict, was that a fine of $500 should be paid and that the defendant should serve sixty…