Powell v. State
| Decision Date | 06 June 1960 |
| Docket Number | No. 4972,4972 |
| Citation | 232 Ark. 377,335 S.W.2d 816 |
| Parties | John POWELL, Appellant, v. STATE of Arkansas, Appellee. |
| Court | Arkansas Supreme Court |
Clifton Bond, Monticello, for appellant.
Bruce Bennett, Atty. Gen., By: Thorp Thomas, Asst. Atty. Gen., for appellee.
This is an appeal from a conviction for the violation of liquor laws.
On October 7, 1958, appellant, John Powell, was arrested for the offenses of Possession of Intoxicating Liquors over the legal limit in a dry territory, and, Possession of Intoxicating Liquors for Sale without a license, alleged to have been committed on October 4, 1958. This appellant was tried before the Municipal Court of Monticello on October 9, 1958. The appellant pleaded not guilty and upon a hearing before the Monticello Municipal Court appellant was found guilty of the offense of Possession of Intoxicating Liquors over the legal limit in a dry territory and fined $250, and was found guilty of the offense of Possession of Intoxicating Liquors for Sale without a license and fined $250, or, was fined a total of $500 and costs, and was sentenced to one year on the County Farm, with the sentence of imprisonment being upheld on good behavior.
The appellant appealed this decision to the Circuit Court of Drew County and a trial was had before a jury on September 30, 1959. The officers who made the arrest related in their testimony that at about 1:30 p. m. on October 4, 1958, the officers went to appellant's house located on State Highway 4, east of Monticello and outside the city limits, and that on arriving at the house two of the officers met appellant coming up the path to the house from an outside privy with 4 half pints of whiskey in his pockets and hands. These 4 half pints of whiskey were taken into possession by the officers and either one or both of the officers entered appellant's house to search for more whiskey while one of the officers out of the three officers present began to search the premises outside the house.
In a dresser drawer inside the house the officers found 12 additional half pints of whiskey which with the 4 half pints taken from appellant equalled exactly one gallon, the legal limit for possession in a dry territory. The officers thoroughly searched appellant's house and premises and found one gallon of whiskey upon property belonging to the appellant.
The officers then searched the Municipal Airport property belonging to the City of Monticello which is adjacent to the home of appellant and in two caches found approximately 35 or 40 half pints of whiskey of various brands on the Municipal Airport property.
The record reveals that this case was first tried before a jury in the Circuit Court of Drew County on April 21, 1959. The jury after deliberating 2 hours and 35 minutes was deadlocked 7 to 5 and a mistrial was declared. The case was tried before another jury in the Circuit Court of Drew County on September 30, 1959, and the jury deliberated approximately 35 minutes when they were released for the night. The next morning the jury deliberated approximately one hour and returned a verdict of guilty and assessed the minimum fines of $50 for the offense of Possessing Intoxicating Liquors over the legal limit in a dry territory and of $100 for the offense of Possessing Intoxicating Liquors for Sale without a license, or a total fine of $150. This appeal followed.
This being a misdemeanor case, the appellant is required to argue all the points on which he relies. All assignments not argued in his brief are waived. Fields v. State, 219 Ark. 373, 242 S.W.2d 639. For reversal appellant relies upon and argues eight points, one of which contends that it was error for the trial court to allow the Judge of the Monticello Municipal Court to testify upon the trial in the Circuit Court since the appellant was tried by this witness in the Municipal Court and found guilty. This point gave us a great deal of concern;...
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Powell v. State
...an opinion reversing the appellant's conviction for violations of the liquor laws and remanding the cause for a new trial. Powell v. State, Ark., 335 S.W.2d 816. The judgment of reversal, as is usual in such cases, provided that the appellant should recover of the appellee 'all his costs in......
- Haynes v. Strange, 5-2161