Locke v. Fort Smith
| Decision Date | 09 October 1922 |
| Docket Number | 179 |
| Citation | 244 S.W. 11,155 Ark. 158 |
| Parties | LOCKE v. FORT SMITH |
| Court | Arkansas Supreme Court |
Appeal from Sebastian Circuit Court, Fort Smith District; John Brizzolara, Judge; reversed.
STATEMENT OF FACTS.
Ed Locke was convicted in the municipal court of the city of Fort Smith of the crime of transporting intoxicating liquor in said city. He appealed to the circuit court and was tried upon substantially the following testimony:
Walter Blair drove up to the house of Ed Locke and asked him to go riding with him. After some persuasion, Locke got in the car with Blair and drove around the streets of the city of Fort Smith with him for a short time. When Locke got in the car there were two pint bottles of whiskey lying on the seat. Locke and Blair each put one of the bottles of whiskey in his pocket. After driving around the streets for a short time Locke and Blair were arrested and placed in jail.
According to the testimony for the city, both Locke and Blair were drunk at the time they were arrested. According to the testimony of Locke, he was not drunk at the time he was arrested, and had only taken one drink of whiskey with Blair. His testimony was corroborated by that of other witnesses. The officers testified that the whiskey in the bottles found in the possession of Locke and Blair was moonshine corn whiskey.
The case was tried before a jury, which returned a verdict of guilty, and from the judgment of conviction Locke has duly prosecuted an appeal to this court.
Judgment reversed and cause remanded.
T S. Osborne for appellant.
The charge is transporting liquor into the city, or from one place in the city to another place in the city. This charge is not supported by evidence that the accused merely rode around in the city with a friend in the latter's automobile, without other purpose. 102 P. 57; 2 Okla.Crim 362; 103 P. 538; 2 Okla.Crim. 519; 111 P. 947; Id. 1023; 115 Id. 603; 4 Okla.Crim. 376; Id. 654.
HART, J. (after stating the facts).
Locke was charged with a violation of ordinance 1203 of the city of Fort Smith. Section one of the ordinance reads as follows: "That it shall be unlawful for any person, firm or corporation or association in any manner to transport into the city, or from one place to another place in the city, or for any railroad company, or express company or other common carrier, or any officer, agent or employee of any of them, or any other person, to ship or transport into, or deliver in the city in any manner, or by any means whatsoever, any alcoholic, vinous, malt, spirituous or fermented liquors, or any compound or preparation thereof commonly called tonics, bitters, medicated liquors, except as provided for in section sixteen."
The ordinance is substantially a copy of sec. 6165 of Crawford & Moses' Digest made applicable to a city. The dictionary meaning of the word "transport" is to carry or convey from one place or station to another. The language of the statute makes it unlawful to transport intoxicating liquors from one place to another place in this...
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