Jeffries v. State

Decided November 15, 1889

Supreme Court of Arkansas · decided 1889-11-15

M. T. Sanders, Judge. Defendant was indicted for keeping a dram-shop without a license. His defense was that he only sold, as agent for the Standard Wine Company, wine manufactured by said company in quantities not less than a quart, and in sealed bottles. The proof shows that some young men came into his store and bought a quart bottle of wine. They proceeded to open the bottle and drink the wine in the store.

Decided 1889-11-15

Per Curiam.

¶1Sale of Wines.

¶2But three questions arise upon this record : 1st. Can a manufacturer of wine sell only by his personal contracts and deliveries, or may he. sell through clerks and agents ?

¶32d. Does section 15 of the act of March 8, 1879, exempt the manufacturer and seller from the operation of the fourteenth section of that act, as well as from that of section 1 ?

¶43d. Does the evidence show that defendants kept a dram-shop ?

¶5Upon the first we hold that, as in all other commercial transactions, the manufacturer may sell by his agents.

¶6Upon the second, we hold that by section 15 of said act the manufacturer of wine, who sells no other liquors, is exempted from the operation of the entire act.

¶7As this disposes of the cause it is unnecessary to decide the third question.

¶8Reverse and remand.