Harper v. State
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Fort Smith District; Daniel Hon, Judge; 1. Neither of defendants personally, or through their employees, ever sold liquor to the minor in Arkansas. The order came through the United States mail, and defendants had no knowledge or information that the purchaser was a minor. It was not a crime. 47 Ark. 555. The railroad was the agent of the purchaser. 45 Ark. 361; Black on Intox.
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Appeal from Sebastian Circuit Court, Fort Smith District; Daniel Hon, Judge; 1. Neither of defendants personally, or through their employees, ever sold liquor to the minor in Arkansas. The order came through the United States mail, and defendants had no knowledge or information that the purchaser was a minor. It was not a crime. 47 Ark. 555. The railroad was the agent of the purchaser. 45 Ark. 361; Black on Intox. Liquor, § 422. 2. The railroad was not the agent of the purchaser, and there was no ‘delivery in Arkansas, and hence no sale in Arkansas: (1) Because defendants did not ship by the…
1Opinion of the CourtFrauenthae, J.
The defendants, George W. Harper and C. P. Wilson, were convicted of the offense of selling ardent liquors to a minor in the Fort Smith District of Sebastian County; and they have taken an appeal from that conviction ■to this court.
The evidence tended to establish the following facts: The defendants are licensed wholesale and retail liquor dealers, doing business in the city of Fort Smith, Arkansas. Christopher Russell is a minor about 15 years old residing at Warner in the State of Oklahoma, a station on the Midland Valley Railway 85 miles west of Fort Smith. On September 17, 1908,…
2Cases cited10 opinions
- State v. Carl & TobeySupreme Court of Arkansas · 1884
- Burton & Townsend v. Baird & BrightSupreme Court of Arkansas · 1884
- Berger v. StateSupreme Court of Arkansas · 1887
- Gottlieb v. RinaldoSupreme Court of Arkansas · 1906
- Templeton v. Equitable Manufacturing Co.Supreme Court of Arkansas · 1906
5 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Terry Dairy Co. v. NalleySupreme Court of Arkansas · 1920
- Feeley v. United StatesCourt of Appeals for the Eighth Circuit · 1916
- Furst v. ShowsSupreme Court of Alabama · 1926
- Roberts Cotton Oil Co. v. GradySupreme Court of Arkansas · 1912
- Ogburn v. StateSupreme Court of Arkansas · 1925
7 more not listed; retrieve them via the Exa API.