Legal Opinion · Dissent

Shoop v. State

Supreme Court of Arkansas

Decided January 28, 1946No. 4397Published

1DissentMoFaddin, J.

My dissent is from the modification. I hold that the circuit court judgment should be affirmed in all respects. Initiated Act No. 1 of 1942 was voted by the people at the general election; the Act provides that the first and second violations constitute misdemeanors and result in' a fine. All of the appellant’s violations in the case at bar were “first offenses,” because.he had not been convicted of any previous violations at the time he was tried and convicted in the case here. So, under the Act, the appellant was fined. Section 3 of the Initiated Act provides “if any person so convicted be…

2Cases cited15 opinions

  1. State v. PetersonSupreme Court of Minnesota · 1888
  2. In re McDonaldWyoming Supreme Court · 1893
  3. Irvin v. StateSupreme Court of Florida · 1906
  4. Burrell v. StateSupreme Court of Arkansas · 1942
  5. State v. MerryNorth Dakota Supreme Court · 1910

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