Spencer v. State

• Court: Arkansas Supreme Court
• Writing for the Court: Smith
• Citation: Spencer v. State, 169 S.W. 790 (Ark. 1914)
• Decision Date: 28 September 1914
• Docket Number: (No. 142.)
• Parties: SPENCER v. STATE.

169 S.W. 790

SPENCER v. STATE.

(No. 142.)

Supreme Court of Arkansas.

September 28, 1914.

Appeal from Circuit Court, Cross County; W. J. Driver, Judge.

Jack Spencer was convicted of selling liquor illegally by means of a blind tiger, and he appeals. Affirmed.

Appellant was indicted at the September, 1913, term of the Cross circuit court for the offense of selling liquor illegally, by means of a device known as a blind tiger. He appeared in his own proper person at that term of the court, and entered a plea of guilty to the charge, and the record in that case recites that his plea was accepted by the court and the cause continued for the term. But it does not appear that any condition whatever was attached to the plea. It was without condition. At the following term of the court the prosecuting attorney filed a motion, in which he prayed the court to impose sentence upon this plea, entered at the previous term of the court, and in this motion he recited the fact to be that subsequent to the entry of this plea appellant had continued to engage in the illegal sale of liquor. Considerable evidence was introduced before the court upon the hearing of this motion, and at its conclusion a fine of $500 and a sentence of 30 days in jail was imposed upon appellant, and this appeal has been duly prosecuted from that judgment.

J. C. Brookfield, of Wynne, for appellant. Wm. L. Moose, Atty. Gen., and John P. Streepey, Asst. Atty. Gen., for the State.

SMITH, J. (after stating the facts as above).

Appellant has not abstracted the evidence offered before the court upon the hearing of the prosecuting attorney's motion, nor did he file with the clerk of the court below his bill of exceptions within the time limited. Therefore the only questions to be considered on this appeal are those appearing on the face of the record. Green v. State, 96 Ark....