Fitzpatrick v. State

Decided November 15, 1881

Supreme Court of Arkansas · decided 1881-11-15

Hon. X. J. Pindall, Circuit Judge. STATEMENT. Indictment for selling whisky in less quantity than one quart, without license. The State proved the sale without license, within twelve months next before the finding of the indictment, but did not prove a sale on any particular day. The court instructed the jury that the State was not required to prove a sale on the particular day named in the indictment.

Decided 1881-11-15

¶1OPINION.

Harrison, J.

¶2The day upon which the liquor was sold was not a matter essential to the description of the offense. It.could as well be committed on one day as another. In the case of Marre v. The State, 36 Ark., 222, which was-a prosecution for Sabbath-breaking, it was decided that the State, in proving the offense, was not confined to any particular Sabbath within the period of limitation. It wasr therefore, not necessary to prove that the sale was on the day named in the indictment, and the instruction was, therefore, correct, and the verdict sustained by the evidence.

¶3Affirmed.