State v. Doss

Decided April 5, 1902

Supreme Court of Arkansas · decided 1902-04-05

Hance N. Hutton, Judge. STATEMENT BY THE COURT. The appellee was indicted for the unlawful sale of whisky on the 8th day of July, 1901, in White county, within three miles of the Methodist Church, South, situated in the incorporated town of Beebe, Arkansas, the county court of White county having previously made and entered upon its records an order prohibiting the sale of intoxicating liquors within said limits, which order was then and there of record in the office of…

Relies on Underwood v. Sledge

Good law ✅— No negative treatment on recordhow we know

Ileversed · Decided 1902-04-05

How this case has been cited

Cited by 5 later decisions — most recently February 1953

5 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Hughes, J.,

¶1(after stating the facts.) The -court had power and the right to revoke its order revoking the prohibitory order during the term at which the order was made,' and its finding of facts warranted it in doing so. When the order was revoked, it left the prohibitory order in full force, and really showed that it had never been in effect suspended. The license granted upon the order revoking the prohibitory order never had any validity, and there was no foundation in fact for such license. The license therefore was no protection to the defendant against a prosecution for the sale of whisky. Underwood v. Sledge, 27 Ark. 295.

¶2The judgment of the court is reversed and remanded for further proceedings.