Brooke v. State
Supreme Court of Arkansas
Appeal from Conway Circuit Court; /. Hugh Basham, Judge; 1. The council had only such powers as were given the municipality by statute, and nowhere does the State law delegate the authority sought to be exercised. 45 Ark. 336; 49 Id. 165; 31 Id. 462; Act 1907, p. 290. 2. The court erred in its definition of drunkenness or intoxication, and the remarks of the prosecuting attorney were prejudicial. 94 Ala. 441 ;■ 93 Ga. 196; 11 Cush. (Mass.) 479; 130 111. 234; 10 A. & E. Ene.
Read the full summary
Appeal from Conway Circuit Court; /. Hugh Basham, Judge; 1. The council had only such powers as were given the municipality by statute, and nowhere does the State law delegate the authority sought to be exercised. 45 Ark. 336; 49 Id. 165; 31 Id. 462; Act 1907, p. 290. 2. The court erred in its definition of drunkenness or intoxication, and the remarks of the prosecuting attorney were prejudicial. 94 Ala. 441 ;■ 93 Ga. 196; 11 Cush. (Mass.) 479; 130 111. 234; 10 A. & E. Ene. Law, p. 276; 89 Ala. 8; in Id. 482; 40 Ark. 511; 34 Id. 341; 54 Id. 284; 60 Id. 610; 98 111. 108; 39 Md. 258; 2 Kent,…
1Opinion of the CourtHill, C. J.
The city of Morrillton has an ordinance-making it a misdemeanor for any person to appear in any public street in a drunken or intoxicated condition; and Brooke was arrested under it, and fined in the mayor’s court, and again in the circuit court, and has appealed.
It is insisted that the ordinance in question is not valid. The argument is made that this ordinance goes further than the act of the General Assembly of 1907, which made it a misde-. meanor for any person to appear at public gatherings in a drunken or intoxicated condition. Acts 1907, c. 112. It is true that the ordinance and the…
2Cases cited3 opinions
- Sapp v. StateSupreme Court of Georgia · 1902
- Midland Valley Railroad v. HamiltonSupreme Court of Arkansas · 1907
- Dewitt v. LacottsSupreme Court of Arkansas · 1905
3Cited by5 opinions
- Bourland v. PollockSupreme Court of Arkansas · 1923
- St. Louis, Iron Mountain & Southern Railway Co. v. WatersSupreme Court of Arkansas · 1912
- Kennedy v. StateSupreme Court of Arkansas · 1973
- Simmons v. StateSupreme Court of Arkansas · 1921
- Walbert v. StateSupreme Court of Arkansas · 1928