Galloway v. State
Supreme Court of Arkansas
Appeal from Lonoke Circuit Court. James S. Thomas, Judge. STATEMENT BY THE COURT. The defendant was indicted, tried and convicted in the Lonoke circuit court, at its February term, 1894, for selling “alcoholic, ardent, vinous and fermented liquors and intoxicating spirits” without a license. The case was tried by the court sitting as a jury on an agreed statement of facts, which is as follows, to-wit: “That Geo.
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Appeal from Lonoke Circuit Court. James S. Thomas, Judge. STATEMENT BY THE COURT. The defendant was indicted, tried and convicted in the Lonoke circuit court, at its February term, 1894, for selling “alcoholic, ardent, vinous and fermented liquors and intoxicating spirits” without a license. The case was tried by the court sitting as a jury on an agreed statement of facts, which is as follows, to-wit: “That Geo. W. Galloway [is] a citizen of Lonoke county, not residing within a district where the sale of wine is prohibited under a special act of the general assembly ; that he hired wild…
1Opinion of the CourtBunn, C. J.
(after stating the facts.) The charge in the indictment constituted a public offense, and, unless extraneous matter constituting a good defense could be shown, the proof of the allegations in the indictment would justify the conviction. So the motion in arrest was properly overruled.
The case really turns upon the construction to be given to the act entitled “An act to regulate the sale of wine in the State of Arkansas,” approved April 3, 1889, and digested in Sand. & H. Dig. as sections 4852, 4853, 4854 and 4855, the first two only being necessary to consider in this case.
The original act…
2Cases cited1 opinion
- State v. DeschampSupreme Court of Arkansas · 1890
3Cited by2 opinions
- Ex parte DeedsSupreme Court of Arkansas · 1905
- Hubman v. StateSupreme Court of Arkansas · 1896