Public-domain · open source
OpenJurist

48 Ark. 42

O'Bryan v. State

Supreme Court of Arkansas

Decided November 15, 1886

Supreme Court of Arkansas · decided 1886-11-15

Hon. J. B. Wood, Judge. The indictment does not state who sold the liquor to the minor, which it is submitted it should have done, as no man, whose servant or agent might sell to a minor without his knowledge, could make his defense unless this fact is stated. We are well aware that this court has decided that a partner is liable for such a sale by his co-partner though he was absent at the time of the sale and had no knowledge of it. 38 Ark., 61¡.l; 36 ib., 666.

Cited by 2 later decisions — most recently October 2001

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1886-11-15

View the full empirical analysis of this case →

Cockrill, C. J.

¶1In charging the offense of being interested in the sale of liquors to a minor, it is not necessary to allege by whom the sale was made, but it is sufficient to follow the language of the statute.

¶21. Liquok: Indict-m o n t against party interested in sale.

¶3That is the general rule as to statutory misdemeanors, and offenses against the liquor law are not exempt from its operation. Those who embark in the traffic take upon themselves the hazards that accompany it. State v. Waller, 38 Ark., 656; Robinson v. Warren, ib., 641.

¶42. Indorsing verdict on indictment.

¶5Second — When the jury retired to considerof theirverdict, the court handed an indictnient charging a similar offense to the foreman ; a verdict of guilty was indorsed upon it, and the clerk entered up the judgment upon the indictment upon which the verdict was rendered. The mistake was discovered and the judgment entered upon the indictment upon which the trial was had. The appellant claims a reversal of the judgment on this ground, but fails to point out how he was or could have been prejudiced by the action complained of.

¶6He was regularly tried and legally found guilty under the indictment upon which the judgment is entered, and the fact that the jury indorsed the verdict upon another indictment, or upon none -at all, is of no concern.

¶7Affirm.

/48/ark/42 · .json · Public domain