State v. Devers

Supreme Court of Arkansas

Decided May 15, 1882

Supreme Court of Arkansas · decided 1882-05-15

EBBOB to Scott Circuit Court. Hon. J. H. Bogers, Circuit Judge. STATEMENT.

Cited by 2 later decisions — most recently July 1909

2 state decisions

Key passage — most relied on by later courts

““It was not essential that the indictment .should have specifically alleged that the owner of the liquor had not obtained license.””

quoted by 1 later decision, including 2 Okla. Crim. 519 - De Graff v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1882-05-15

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Harrison, J.

¶1It was not essential that the indictment should have specifically alleged that the owner of the liquor had not obtained license. Without evidence to the contrary the law presumed the defendant to be the owner.

¶2A licensed liquor dealer may sell by an agent or servant, and if the sale has been made by the defendant, as the agent or servant of one who had a license, that was matter of defense upon the trial. The State v. Keith, 37 Ark., 96.

¶3The indictment was sufficient and the court erred in sustaining the demurrer to it.

¶4The judgment is reversed and the cause remanded.