Rosenbaum v. State
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court, First Division; Edward B. Dowme, Judge; It was error to direct a verdict. The evidence establishes the moral fitness and the necessity of the labor, and the issue should have been submitted to a jury. Kirby’s Digest, § 2030; 61 Ark. 219-20; 85 Id. 135; 72 Id. 169; 55 Id. 10. 1. The operation of the show was not a “necessity” within the meaning of the statute.
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Appeal from Pulaski Circuit Court, First Division; Edward B. Dowme, Judge; It was error to direct a verdict. The evidence establishes the moral fitness and the necessity of the labor, and the issue should have been submitted to a jury. Kirby’s Digest, § 2030; 61 Ark. 219-20; 85 Id. 135; 72 Id. 169; 55 Id. 10. 1. The operation of the show was not a “necessity” within the meaning of the statute. The witnesses merely gave their opinions. 125 Ark. 159; 61 Id. 216; 20 Id. 290; 55 Id. 10; 80 Conn. 582. See also 37 Cyc. 548; 144 Mass. 363; Jb. 28. 2. A verdict was properly directed. 84 Ark. 564; 88…
1Opinion of the Court
WOOD, J.,
(after stating the facts). The court, upon the objection of the State to the opinion evidence of the witnesses, should have excluded such testimony from the jury. But the ruling of the court directing the jury to return a verdict of guilty, notwithstanding the opinion of these witnesses, was, in legal effect, tantamount to excluding such evidence. This ruling of the court was correct.
The witnesses who testified on behalf of the appellant were unanimous in the opinion that the operation of clean, wholesome and moral picture shows in the cities of Little Rock and Argenta, under the…
2Cases cited8 opinions
- Lindenmuller v. PeopleNew York Supreme Court · 1861
- Scales v. StateSupreme Court of Arkansas · 1886
- Lyric Theater v. StateSupreme Court of Arkansas · 1911
- Quarles v. StateSupreme Court of Arkansas · 1891
- State v. RyanSupreme Court of Connecticut · 1908
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3Cited by13 opinions
- McGowan v. MarylandSupreme Court of the United States · 1961
- Handy Dan Improvement Center, Inc. v. AdamsSupreme Court of Arkansas · 1982
- State v. SmithCourt of Criminal Appeals of Oklahoma · 1921
- Lakeside Inn Corp. v. CommonwealthSupreme Court of Virginia · 1922
- State v. MaloneMissouri Court of Appeals · 1946
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