Crocker v. State
Supreme Court of Arkansas
APPEAL from White Circuit Court. M. T. Sanders, Judge. Defendant from the proof is guilty of neither of the charges in the indictment. The indictment is based on section 1926 Mansfield’s Digest.
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APPEAL from White Circuit Court. M. T. Sanders, Judge. Defendant from the proof is guilty of neither of the charges in the indictment. The indictment is based on section 1926 Mansfield’s Digest. The prosecution is based on the 'idea that Crocker, being the owner of the house, and illegal sales of whisky having been made therein, Crocker is guilty, although such sales were made by another, who was in possession of (he house by contract, and had a right to its use and occupancy.. This proposition is monstrous. ij6 Mass., 14.8; 24 Tex., if 2; 48 Ala., 25; 55 id., 89. The third and fourth…
1Opinion of the CourtSmith, J.
The indictment charges, in one count, that the defendant, being the owner of a house in the town of Russell, did allow one Jones clandestinely to sell ardent spirits therein. A second count alleged that he allowed Jones to keep such spirits for clandestine sale in said house.
The indictment is based on section 1926 Mansfield’s Digest, which provides as follows :
“Any person owning, or using, or controlling any house or tenement of any kind, who shall sell or give away, or cause or allow to be sold or given away, or keep or allow to be kept for sale or to be given away, any alcohol, ardent or…
2Cases cited2 opinions
- People v. ErwinNew York Supreme Court · 1847
- Robinson v. StateTexas Supreme Court · 1859
3Cited by8 opinions
- Burrow v. Hot SpringsSupreme Court of Arkansas · 1908
- Kessler v. PearsonSupreme Court of Georgia · 1906
- Dickson v. StateSupreme Court of Arkansas · 1959
- Commonwealth v. MorrisCourt of Appeals of Kentucky · 1908
- Gershner v. StateSupreme Court of Arkansas · 1913
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