Strong v. State

• Decision Date: 30 November 1908
• Citation: 114 S.W. 239,88 Ark. 240
• Parties: STRONG v. STATE
• Court: Arkansas Supreme Court

114 S.W. 239

88 Ark. 240

STRONG v. STATE

Supreme Court of Arkansas

November 30, 1908

Appeal from Independence Circuit Court; Frederick D. Fulkerson Judge; affirmed.

Judgment affirmed.

Dene H Coleman and McCaleb & Reeder, for appellant.

One who assists another in procuring liquor, or acts as his messenger in procuring same, notwithstanding both money and liquor may pass through his hands, provided he has no interest in the liquor or price, and acted as agent of the buyer and not of the seller, is not guilty of selling, or being interested in the sale of liquor. 23 Cyc. 182; 37 Am. St. 406; 57 S.E. 371; 68 Ark. 468; 72 Id. 14; 51 Id. 550; 82 Id. 488.

William F. Kirby, Attorney General, and Daniel Taylor, Assistant, for appellee.

In misdemeanors all who procure, participate in or assent to the commission of a crime are principals. 45 Ark. 361; 60 Id. 312. No trick, device, subterfuge or pretense can evade or defeat the policy of the liquor laws, if liquor be thereby procured, where it is unlawful to sell or give it away. 43 Ark. 389.

OPINION

HILL, C. J.

The prosecuting attorney filed information against Strong in Independence County, charging him with an unlawful sale of liquor in prohibited territory. He was convicted, and has appealed; and the only question presented is as to the sufficiency of the evidence to sustain the conviction. The prosecuting witness, Matheny, desired to purchase some whisky, and went in search of parties to make up a subscription for the purchase of a keg of whisky, and was referred to Strong. He went to Strong, and told him that he wanted a quart of Old Standard whisky; Strong said that he wanted a gallon, and said that he would get up a subscription to purchase a keg. Matheny headed the subscription list, and put down his initials and opposite them marked seventy cents, which money he delivered to or left with Strong. Other parties joined in the subscription until a sufficient amount was raised to buy a keg of whisky, which was then purchased from one Earnheart, presumably a manufacturer of liquor, although the evidence does not show that fact definitely. Strong told Matheny where the whisky would be delivered, and Matheny went to that point and drew his share from the keg. The other subscribers were present for like purpose. It was delivered at a spring near the town of Batesville, and the keg carried back to Earnheart's. The evidence showed that Earnheart habitually paid fifty cents for returned kegs. Matheny does not know who actually purchased the whisky or who carried it to the place where Strong told him it would be. This brand of whisky was sold at $ 2.80 per gallon, and it required $ 14 to purchase a five-gallon keg of it, which was the quantity purchased in the keg from Earnheart.

"The rule of the common law is that all persons concerned in the commission of a crime, less than a felony, if guilty at all are principals." Foster v. State, 45 Ark. 361, and cases there cited. The same rule prevails under sections 1560, 1561 of Kirby's Digest. See cases cited in the...