Legal Opinion

Lindley v. State

Supreme Court of Arkansas

Decided June 28, 1909Published

Appeal from Fulton Circuit Court; John W. Meeks, Judge; STATEMENT BY TRIE COURT. On the 6th day of February, 1909, the prosecuting attorney of the 16th judicial circuit of the State of Arkansas instituted separate proceedings against T. B. Findley and T. V. Marshall, partners under their firm name of Findley & Marshall, and Joe Fancaster, under the act approved February 13, 1899, alleging that they were engaged in the illegal sale of liquor in a prohibited district, and…

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Appeal from Fulton Circuit Court; John W. Meeks, Judge; STATEMENT BY TRIE COURT. On the 6th day of February, 1909, the prosecuting attorney of the 16th judicial circuit of the State of Arkansas instituted separate proceedings against T. B. Findley and T. V. Marshall, partners under their firm name of Findley & Marshall, and Joe Fancaster, under the act approved February 13, 1899, alleging that they were engaged in the illegal sale of liquor in a prohibited district, and asked that the same be destroyed. The said Findley & Marshall and Joe Fancaster answered.' They admitted they were engaged…

1Opinion of the Court

Hart, J.,

(after stating the facts). 1. It is earnestly insisted by counsel for appellants that the act of February 13, 1899, under which the proceedings complained of were instituted, is unconstitutional. No useful purpose can be served either by discussing the reasons given by learned counsel in support of their contention, or in reviewing the authorities cited by them; for this court has heretofore deliberately decided that that part of the act which makes it the duty of certain officers to issue a warrant for the seizure and destruction of intoxicating liquors when, after notice to and…

2Cases cited8 opinions

  1. Kirkland v. StateSupreme Court of Arkansas · 1904
  2. Williams v. CitizensSupreme Court of Arkansas · 1883
  3. Wilson v. ThompsonSupreme Court of Arkansas · 1892
  4. Robinson & Warren v. StateSupreme Court of Arkansas · 1882
  5. Ferguson v. JoseySupreme Court of Arkansas · 1902

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