Henry v. State
Supreme Court of Arkansas
Appeal from Howard Circuit Court. William C. Eodgers. Special Judge. The court erred in not requiring the prosecuting attorney to elect on which of the counts he would stand. Under the act of 1891, for the second offense, a jail sentence may be imposed in addition to a fine; while under the act of 1899 no jail sentence can be imposed. Only such offenses as are subject to the same punishment can be joined in one indictment. Sand. & H. Dig. § 2077; 4 Ark. 56; 32 Ark. 203.
1Opinion of the Court
Bunn, O. J.
This is an indictment under a special statute making it an offense to sell any kind of intoxicants within ten miles of Central College, located in the town of Nashville, Howard county. Omitting the formal parts, the indictment contains two counts, and is as follows, to-wit: First. “The said Dave Henry, in the county and state aforesaid, on the first day of July, A. D. 1902, did unlawfully sell, and was interested in the unlawful sale of, ardent, vinous, malt, fermented, spirituous and intoxicating liquors within ten miles of Central College situated in the town of Nashville, said…
2Cited by3 opinions
- Blacknall v. StateSupreme Court of Arkansas · 1909
- McWilliams v. StateSupreme Court of Arkansas · 1912
- Wolfe v. StateSupreme Court of Arkansas · 1912