Seibert v. State
Supreme Court of Arkansas
Appeal from Lafayette Circuit Court; George R. Eaynie, Judge; 1. The verdict is contrary to law. The testimony is conflicting and irreconcilable and. there is a variance of proof. 23 Cyc. 253. It is not unlawful to sell liquor containing 1 y2 per cent, alcohol or less. 36 Ark. 258, 69 Ark. 360; 63 S. W. 801; 23 Cyc. 57, 246, 265, 283; 35 Ark. 430. It was not proven that the liquor was “intoxicating. ’ ’ 23 -Cyc. 283; 68 Ark. 468; 69 Id. 360; 63 S. W. 801. '2. It was error to…
Read the full summary
Appeal from Lafayette Circuit Court; George R. Eaynie, Judge; 1. The verdict is contrary to law. The testimony is conflicting and irreconcilable and. there is a variance of proof. 23 Cyc. 253. It is not unlawful to sell liquor containing 1 y2 per cent, alcohol or less. 36 Ark. 258, 69 Ark. 360; 63 S. W. 801; 23 Cyc. 57, 246, 265, 283; 35 Ark. 430. It was not proven that the liquor was “intoxicating. ’ ’ 23 -Cyc. 283; 68 Ark. 468; 69 Id. 360; 63 S. W. 801. '2. It was error to allow the prosecuting attorney to ask if he had not been convicted before and if he did not have U. -S. license. 67…
1Opinion of the CourtSmith, J.
Appellant was convicted under an indictment which charged that he “did unlawfully sell and give away and was unlawfully interested in the sale and giving away of ardent, vinous, analt, fermented, spirituous, alcoholic and intoxicating liquors, without first procuring a license from the county court of said county of Laf ayette authorizing him so to do. ’ ’(1) The State relied for a conviction upon the evidence of one G. P. B,aker. who testified that he drank two glasses of the liquor sold by -appellant; that it was a grape wine; and that the two glasses of it which he drank went immediately…
2Cases cited2 opinions
- Stelle v. StateSupreme Court of Arkansas · 1906
- Bradshaw v. StateSupreme Court of Arkansas · 1905
3Cited by2 opinions
- Carleton v. StateSupreme Court of Arkansas · 1917
- Parker v. MarshSupreme Court of Arkansas · 1952