Bryant v. State

• Court: Arkansas Supreme Court
• Writing for the Court: BATTLE, J.
• Citation: Bryant v. State, 36 S.W. 188, 62 Ark. 459 (Ark. 1896)
• Decision Date: 06 June 1896
• Parties: BRYANT v. STATE

36 S.W. 188

62 Ark. 459

BRYANT v. STATE

Supreme Court of Arkansas

June 6, 1896

Appeal from Green Circuit Court, FELIX G. TAYLOR, Judge.

John Bryant was tried and convicted before a justice of the peace on an information filed by the prosecuting attorney, alleging that, being the owner of the old Baird Saloon building in the town of Paragould, in the county of Greene and state of Arkansas, he "did unlawfully sell and give away, and cause to be sold and given away, and keep for sale and to be given away, and allow to be kept for sale and to be given away, in said building, ardent, vinous, malt, fermented, and intoxicating liquors, without first having obtained a license," etc. He appealed to the circuit court, with similar result, and thereupon appealed to this court.

Reversed and remanded.

The appellant pro se.

No venue was proved in this case. Nor was it proved, as alleged that any sale of liquor was made in the "Baird Saloon building." Having so alleged, the state must prove it.

E. B Kinsworthy, Attorney General, for appellee.

Courts take judicial notice of the locations of towns, and the boundaries of counties. 12 Am. &. Eng. Enc. Law., p. 169. The evidence shows that the sheriff gave Davis the money to buy the whiskey, and in fifteen minutes he returned with the whiskey. It was an impossibility for the witness to have gone out of the county within the time.

OPINION

BATTLE, J.

The evidence adduced in the trial of the appellant in the circuit court failed to show that he sold and gave away, and caused to be sold and given away, and kept for sale and to be given away, and...