Blackwell v. State
Supreme Court of Arkansas
APPEAL from Yell Circuit Court. Hon. G. S. Cunningham, Circuit Judge. The court erred in assessing the fine at $1,400. The indictment was drawn under the 5th Sec. of Act, March 8, 1879, and the fine should have been not less than $200 nor more than $500. The proof showed only a single sale. To make Appellant liable under the Revenue Act, I883, p. 192, the indictment must have charged him with engaging in the sale of liquor without paying the tax.
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APPEAL from Yell Circuit Court. Hon. G. S. Cunningham, Circuit Judge. The court erred in assessing the fine at $1,400. The indictment was drawn under the 5th Sec. of Act, March 8, 1879, and the fine should have been not less than $200 nor more than $500. The proof showed only a single sale. To make Appellant liable under the Revenue Act, I883, p. 192, the indictment must have charged him with engaging in the sale of liquor without paying the tax. The indictment must' also show what tax remained unpaid. 34 Ark., 340; p Rep., p. p. The Act of 1883 clearly intends to punish those who carry on…
1Opinion of the Court
' Smith, Justice.
Blackwell was indicted for the sale of one pint of ardent liquors without license. The testimony showed a single sale of whiskey and no more. The court directed the jury, if they found the defendant guilty, to assess his fine at $1,400. They returned a verdict of guilty, but neglected to fix the punishment. Thereupon the court fined him $1,400. The only question which the appeal presents is, what is the penalty for selling liquors without license ?
1. Liquor:— Penalty for selling without li-
The license act of March 8, 1879, (Sec. 5) prescribes a fine of not less than $200 nor…
2Cited by7 opinions
- State ex rel. Esgar v. District CourtMontana Supreme Court · 1919
- Chamberlain v. StateSupreme Court of Arkansas · 1887
- Martels v. WyssSupreme Court of Arkansas · 1916
- Kinnanne v. StateSupreme Court of Arkansas · 1913
- Houck v. StateSupreme Court of Arkansas · 1924
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