State v. Nunnelly
Supreme Court of Arkansas
ERROR to Franklin Circuit Court, Hon. H. Mathes, Special Judge. It was error to instruct the jury that although the defendant might be guilty of several distinct sales of liquor, yet, if they found that each of said sales had been put in evidence upon a former trial, without any election by the State as to which offense it would rely on, the former conviction would be a bar. 1 Bish. Or.
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ERROR to Franklin Circuit Court, Hon. H. Mathes, Special Judge. It was error to instruct the jury that although the defendant might be guilty of several distinct sales of liquor, yet, if they found that each of said sales had been put in evidence upon a former trial, without any election by the State as to which offense it would rely on, the former conviction would be a bar. 1 Bish. Or. L. Sees. 1065 — 997—1049—51—52, ' The correctness of the instruction is apparent. 40 Ark., 453; Whart. Or. Eo. See. 579 ; 1 Russell on Grimes, 832 ; 105 Mass., 59; 3 Greenl. Eo., See. 36; 126 Mass., 259, S. O.…
1Opinion of the CourtSmith, J.
Nunnelly was jointly indicted with one Cargile for selling liquor on the first day of March, 1883, to W. J. Nichols, within three miles of Central Institute, in Franklin County, in contravention of the three mile. law. He filed a plea of former conviction for the same offense, upon which issue was taken by the State. The trial resulted in a verdict for the defendant and he was discharged. The State has brought error.
Former ° whonlona QS6 ■ From the bill of exceptions it appears that the defendant, in support of his plea, introduced the record of the proceed-fings and judgment of conviction…
2Cases cited2 opinions
- Commonwealth v. RobinsonMassachusetts Supreme Judicial Court · 1879
- Commonwealth v. BakemanMassachusetts Supreme Judicial Court · 1870
3Cited by13 opinions
- State v. HealySupreme Court of Minnesota · 1917
- State v. FreemanSupreme Court of North Carolina · 1913
- In re BrownSupreme Court of Kansas · 1934
- State v. PanchukNorth Dakota Supreme Court · 1926
- Deshazo v. StateSupreme Court of Arkansas · 1898
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