Marquardt v. State

Decided November 15, 1889

Supreme Court of Arkansas · decided 1889-11-15

John S. Little, Judge. The indictment against the defendant charged that “on the-first day of May, 1889,” he unlawfully kept open his dram shop “on Sunday.” A demurrer to the indictment was overruled, and the defendant having been convicted, appealed. The.only question presented by the appeal is as to the sufficiency of the indictment.

Cited by 1 later decisions — most recently April 1928

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1889-11-15

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Per Curiam.

¶1Indictment : Time. The allegation of time in the indictment is immaterial; the gist of the offence is that spirituous liquor was sold on Sunday, and whether the day of the month is correctly stated is no more important in this than in other cases. Whart. Crim. Pl. and Pr., sec. 121; People v. Ball, 42 Barb., 324; State v. Drake, 64 N. C., 591; State v. Eskridge, 1 Swan, 416.

¶2In Robinson v. State, 38 Ark., 548, it was not charged that the offence was committed on Sunday but only on a day of the month which the court judicially knew was not Sunday. That case does not conflict with the view now expressed.

¶3Affirmed.