Freyaldenhoven v. State, 4624
| Decision Date | 19 June 1950 |
| Docket Number | No. 4624,4624 |
| Citation | 231 S.W.2d 121,217 Ark. 484 |
| Parties | FREYALDENHOVEN v. STATE. |
| Court | Arkansas Supreme Court |
Guy H. Jones, Conway, for appellant.
Ike Murry, Atty. Gen., Arnold Adams, Asst. Atty. Gen., for appellee.
This appeal is from a judgment by which the appellant was fined $600 for the offense of selling intoxicating liquor in a dry county.
The appellant contends that the State failed to prove that what he sold was intoxicating liquor. Lee Mode testified that on the night of the offense he refused to allow his son Gerald, a confirmed alcoholic, to order whiskey by telephone. Gerald then went off in a taxi, and Lee followed in his car. He testified that Gerald stopped at the appellant's house and entered the kitchen. Lee watched through the window and saw the appellant hand Gerald a half pint of whiskey in exchange for two dollars. The witness said that the bottle was labeled whiskey, but he did not smell or taste the contents.
This testimony is sufficient to support the jury's conclusion that intoxicating liquor was sold. We have held that a jury question is presented when a witness testifies that liquor was sold, even though he does not say that it was alcoholic or intoxicating. Fuller v. State, 179 Ark. 913, 18 S.W.2d 913. The appellant is mistaken in thinking that a witness should not be permitted to identify whiskey by sight alone. If it were required that the witness must have smelled or tasted the liquor it would be possible for bootleggers to sell their wares on the streets with impunity, merely by having the buyer hasten away with his purchase before any one could smell it or taste it.
Several witness testified that the appellant's reputation for violating the liquor laws is bad. Ark.Stats.1947, § 48-940. On the authority of Richardson v. State, 211 Ark. 1019, 204 S.W.2d 477, it is insisted that the court should have restricted this testimony to recent reputation only. The record shows that the testimony was in fact so restricted. All questions about reputation were framed in the present tense, and when the objection was made below the court stated that he assumed the witness was referring to the appellant's present reputation. Later on the jury were instructed that they might consider proof of recent reputation if corroborated by other substantial evidence of guilt. This procedure conforms to even the most strict interpretation of our earlier holding.
Complaint is made of the court's refusal to give an instruction requested by the appellant. Lee Mode, the State's principal witness, admitted on cross-examination that he had been convicted of a felony. The appellant submitted an instruction to the effect that the jury...
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Tarkington v. State, 5494
...that it failed to do so, he should have moved for a mistrial. Not having done so, he is in no position to complain. Freyaldenhoven v. State, 217 Ark. 484, 231 S.W.2d 121; Fair v. State, 241 Ark. 819, 410 S.W.2d 604. When a defendant takes the stand, he may be asked, in good faith, about oth......
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...purpose of determining the kind of liquor which was sold, it was competent for the jury to consider its appearance; Freyaldenhoven v. State, 217 Ark. 484, 485, 231 S.W.2d 121; State v. Thomas, 177 Kan. 230, 232, 277 P.2d 577; Whitten v. State, 95 Tex.Cr. 42, 45, 252 S.W. 526; its smell; Bur......
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Burke v. State
...the sense of smell.' See also Burns v. State, 179 Ark. 1, 13 S.W.2d 820; Hunter v. State, 180 Ark. 613, 22 S.W.2d 40; Freyaldenhoven v. State, 217 Ark. 484, 231 S.W.2d 121; Fuller v. State, 179 Ark. 913, 18 S.W.2d 913; and 78 A.L.R. 439. The evidence was competent, and its weight was a ques......
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Roberts v. State, 4-4682
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