Tucker v. State

• Decision Date: 12 January 1914
• Citation: 162 S.W. 1086
• Parties: TUCKER v. STATE.
• Court: Arkansas Supreme Court

162 S.W. 1086

TUCKER v. STATE.

Supreme Court of Arkansas.

January 12, 1914.

Appeal from Circuit Court, Conway County; Hugh Basham, Judge.

John Tucker was convicted of unlawfully selling intoxicants, and appeals. Affirmed.

Appellant was convicted upon a charge of selling intoxicating liquors, and this appeal questions only the sufficiency of the evidence to support the verdict. The evidence was substantially as follows: One Todd testified that he met appellant and asked him if he could get a pint of whisky, and appellant said he thought he could, and he was given 75 cents for that purpose, but returned in a short time and told witness he could not get a pint, but could get him a quart and witness gave appellant 75 cents more, when they separated, and after a few minutes appellant returned with the whisky. Witness did not know where, or from whom, appellant had procured the whisky. Appellant admitted these facts to be true, and in addition testified that he bought the whisky from another negro named Oscar Pledger, commonly called "Old Folks," and that he had no interest in the liquor or in the sale except to oblige Mr. Todd by buying him some liquor. Pledger testified as a witness, and stated that he had gotten the liquor from one Lon Airheart, and that appellant told him where he could get it, and he did this because Airheart would not let Tucker have the whisky. The whisky bought was a quart of "Gilley's Choice," and a deputy sheriff testified that he saw the transaction, and that as soon as the whisky was handed to Todd, the witness arrested appellant, but did not search him for something like a half hour after arresting him, when he noticed something queer going on, and saw a half pint bottle of whisky slip out of the window near the appellant, and that he then searched appellant and also searched a peanut roaster near which appellant had been standing, and found a pint of "Gilley's Choice" whisky in it, and that no one had been near the roaster, except the appellant, after his arrest.

W. P. Strait, of Morrillton, for appellant. Wm. L. Moose, Atty. Gen., and Jno. P. Streepey, Asst. Atty. Gen., for the State.

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

The jury might have found, in view of the facts and circumstances in proof, that appellant had resorted to a subterfuge to sell liquor, and that the evidence of Pledger and appellant made a transaction identical with the one held to constitute a sale in the case of Bobo v. State, 105 Ark. 462...