Legal Opinion

State v. Witt

Supreme Court of Arkansas

Decided November 15, 1882PublishedCited by 10 opinions

APPEAL from Faulkner Circuit Court. Hon. J. W. Martin, Circuit Judge. 1. The act of March 21, 1881, commonly called the “three mile law,” prohibits the sale of “any vinous, spirituous, or intoxicating liquors of any kind,” and proof of the sale of any kind of spirituous or intoxicating liquors wopld have been competent. 2. If the sale was prohibited “by an order made,” it was after the order had been made, for it could be- no offense, under that law, to sell before.

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APPEAL from Faulkner Circuit Court. Hon. J. W. Martin, Circuit Judge. 1. The act of March 21, 1881, commonly called the “three mile law,” prohibits the sale of “any vinous, spirituous, or intoxicating liquors of any kind,” and proof of the sale of any kind of spirituous or intoxicating liquors wopld have been competent. 2. If the sale was prohibited “by an order made,” it was after the order had been made, for it could be- no offense, under that law, to sell before. Acts 1881, p. 11/.0-1. 3. The court is asked to look into The State v. Martin, SJp Ark., 31¡,0, in which the expression is used…

1Opinion of the CourtSmith, J.

\ *fTF0T" charging sale of spirituous

In these two cases the appellee was charged with violation of the act of March 21, 1881, com- ' monly known as the “three mile law.” Each of the indictments contained two counts, charging that defendant, on stated days, sold, first, spirituous liquors ; second, whisky ; third, alcohol; and, fourth, intoxicating liquors, “within three miles of the public school house, in the town of Conway,” such sales “being then and there unlawful, and prohibited by order of the County Court of Faulkner County, made in accordance with a petition signed by a majority of…

2Cases cited1 opinion

  1. United States v. SimmonsSupreme Court of the United States · 1878

3Cited by10 opinions

  1. Boles v. StateSupreme Court of Arkansas · 1893
  2. Hall v. StateIndiana Supreme Court · 1928
  3. Bodenhamer v. StateSupreme Court of Arkansas · 1894
  4. United States v. WilliamsDistrict Court, M.D. Pennsylvania · 1930
  5. Kreider v. StateSupreme Court of Arkansas · 1912

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