Legal Opinion

Wilson v. State

Supreme Court of Arkansas

Decided January 15, 1898PublishedCited by 2 opinions

Appeal from Hempstead Circuit Court. Rufus D. Hearn, Judge. STATEMENT BY THE COURT. The appellant was indicted and convicted for violating section 1904 of Sandels & Hill’s Digest, which is as follows, to-wit: “If any person having a license to keep a tavern or dramshop shall knowingly permit any person to play at any game of cards, dice or other gaming device within his house, outhouse, curtilage or enclosure, he shall be deemed guilty of a misdemeanor, and, on conviction,…

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Appeal from Hempstead Circuit Court. Rufus D. Hearn, Judge. STATEMENT BY THE COURT. The appellant was indicted and convicted for violating section 1904 of Sandels & Hill’s Digest, which is as follows, to-wit: “If any person having a license to keep a tavern or dramshop shall knowingly permit any person to play at any game of cards, dice or other gaming device within his house, outhouse, curtilage or enclosure, he shall be deemed guilty of a misdemeanor, and, on conviction, in addition to the punishment prescribed by law for such offense, his license shall be can-celled.” Upon conviction the…

1Opinion of the Court

Hughes, J.,

(after stating the facts.) The question presented by the instruction above copied is, does the knowledge of the employee bind the principal, under the statute making the principal guilty if he knowingly permits gambling in his saloon or dramshop? Is the principal guilty if, without his knowledge or consent, the employee or bartender permit gambling in house of the principal where or in which his dramshop is kept? We think it clear, from the language of the statute, that he is not guilty in such case. Before he could be guilty, it would have to be shown that he knowingly permitted…

2Cases cited2 opinions

  1. Cloud v. StateSupreme Court of Arkansas · 1880
  2. Mogler v. StateSupreme Court of Arkansas · 1886

3Cited by2 opinions

  1. Ollre v. StateCourt of Criminal Appeals of Texas · 1909
  2. Ollre v. StateCourt of Criminal Appeals of Texas · 1909

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