Gramlich v. State
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Fort Smith District; Paul Little, Judge; 1. The demurrer should have been sustained. It was defective — did not state facts sufficient to charge a public offense but charges two separate felonies. 2. The court erred in refusing the instructions asked by defendant. Douglas v. State, ms., August, 1917. 3. The liquor was not intoxicating. It contained no alcohol when seized. 1. The demurrer was properly overruled.
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Appeal from Sebastian Circuit Court, Fort Smith District; Paul Little, Judge; 1. The demurrer should have been sustained. It was defective — did not state facts sufficient to charge a public offense but charges two separate felonies. 2. The court erred in refusing the instructions asked by defendant. Douglas v. State, ms., August, 1917. 3. The liquor was not intoxicating. It contained no alcohol when seized. 1. The demurrer was properly overruled. Acts 1915, Act 30, § 2. It follows the language of the statute. It does not charge two offenses. The charge is conjunctive. The motion was made to…
1Opinion of the CourtSmith, J.
Appellant was convicted under an indictment which, omitting the caption and signature, reads as follows:
“The grand jury of Sebastian County for the Fort Smith District thereof, in the name and by the authority of the State of Arkansas accuse the defendant, Joe. Gramlich, of the crime of manufacturing intoxicating liquor, committed as follows, towit: The said Joe Gramlich, in the county, district ;and State aforesaid, on the 28th day of January, 1918, unlawfully and feloniously did manufacture, and unlawfully and feloniously was interested in the manufacturing of alcoholic, vinous, malt,…
2Cases cited3 opinions
- Rogers v. StateSupreme Court of Arkansas · 1918
- Thompson v. StateSupreme Court of Arkansas · 1881
- Mears v. StateSupreme Court of Arkansas · 1907
3Cited by10 opinions
- Nordin v. StateSupreme Court of Arkansas · 1920
- Withem v. StateSupreme Court of Arkansas · 1927
- Clayton v. StateSupreme Court of Arkansas · 1932
- Harris v. StateSupreme Court of Arkansas · 1919
- Cox v. StateSupreme Court of Arkansas · 1921
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