Carleton v. State
Supreme Court of Arkansas
Appeal from Prairie Circuit Court, Northern District; Thomas G. Trimble, Judge; The defendant was indicted for selling Buk and tried and convicted of selling beer.
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Appeal from Prairie Circuit Court, Northern District; Thomas G. Trimble, Judge; The defendant was indicted for selling Buk and tried and convicted of selling beer. There was no proof that he sold Buk, nor that it was intoxicating. 85 Ark. 195; 60 Id. 141; 64 Id. 188; 37 Id. 408; 36 Id. 178; 91 Ala. 47; 50 Ind. 55; 38 Ark. 660. The word used was descriptive of the offense, and must be proved as charged. 22 Cyc. 461; 69 Miss. 395; 73 Id. 784; 91 Ala. 47; 50 Ind. 555; 84 Ark. 285; 62 Id. 459. . It is wholly immaterial what the name of the liquor was, so long as it was intoxicating. 121 Ark. 258.…
1Opinion of the CourtSmith, J.
Appellant was convicted under an indictment which charged that “on the 5th day of July, A. D. 1916, he did unlawfully .and feloniously sell, and was unlawfully and feloniously interested in the sale of two pints of alcoholic, ardent, liquors and intoxicating spirits, called Buk, against the peace and dignity of the State of Arkansas.”
The cause was tried upon the theory that appellant had made a sale of beer and had been indicted for that crime.
Among other instructions asked by appellant and refused by the court, was an instruction numbered 3, which reads as follows:
“You are instructed that…
2Cases cited8 opinions
- Reed v. StateSupreme Court of Arkansas · 1855
- Marshall v. StateSupreme Court of Arkansas · 1903
- Bryant v. StateSupreme Court of Arkansas · 1896
- Thompson v. StateSupreme Court of Arkansas · 1881
- Blackwell v. StateSupreme Court of Arkansas · 1880
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3Cited by5 opinions
- Thompson v. StateSupreme Court of Arkansas · 1928
- Robertson v. StateSupreme Court of Arkansas · 1921
- Wald v. StateSupreme Court of Arkansas · 1918
- Hill v. StateSupreme Court of Arkansas · 1932
- Winston v. StateSupreme Court of Arkansas · 1921