Woods v. State
Supreme Court of Arkansas
APPEAL from Sebastian Circuit Court. Hon. J. H. Ro&ers, Circuit Judge. To prohibit the sale of liquor “'for any purpose whatever” is an infringement of natural right. In this-ease it was sold strictly as a medicine, on a physician’s prescription. Laws prohibiting the sale are sustained only as police laws. Cooley’s Const.
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APPEAL from Sebastian Circuit Court. Hon. J. H. Ro&ers, Circuit Judge. To prohibit the sale of liquor “'for any purpose whatever” is an infringement of natural right. In this-ease it was sold strictly as a medicine, on a physician’s prescription. Laws prohibiting the sale are sustained only as police laws. Cooley’s Const. Law, p. 727; 27 Vt., 328; 13 N. 11., 536; 7 Vroom, 72; 33 Vt., 656; 5 Iloioard, 504; 4 Greene, 172; 25 Con., 290; 3 Mich., 330; 14 III., 196; 13 Gray, 26; Whittington, Ex Parte, 84 Ark., 894• . The law is to prevent the use of liquor as a beverage. 33 Vermont, 656; 27 Ark.,…
1Opinion of the CourtHarrison, J.
N. jD. Woods was convicted upon an indictment for selling whisky without license, and fined two hundred dollars. He moved for a new trial, upon the ground that the conviction was not warranted by the evidence, and his motion being overruled, he excepted and appealed.
The case was tried, by consent, by the court, upon the following agreed statément of facts: The defendant, a druggist at Salem City, in the Greenwood district of Sebastian county, on the fifteenth day of March, 1880, sold, as medicine, and upon the prescription of a practicing physician of said town, to one T. C. Miller, a half…
2Cases cited8 opinions
- Thurlow v. MassachusettsSupreme Court of the United States · 1847
- Metropolitan Board of Excise v. . BarrieNew York Court of Appeals · 1866
- Borman v. StateSupreme Court of Alabama · 1859
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- Keller v. StateCourt of Appeals of Maryland · 1857
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