Burton v. StateBurton v. State
- Reporters:
- , ,
- Before:
- Humphreys
On-the 15th ‘day Yf October, 1917, information was filed by the deputy prоsecuting attorney of White County in a magistrate’s court-against appellant, charging him with shipping and bringing -alcoholic liquors into White County, Arkansas, on or about the 11th day of October, 1917.
On the same date and at the- sаme time, in the same court, the deputy prosecuting attorney filed information against appellаnt, charging him with unlawfully bringing and causing to be brought alcoholic liquors into the State of Arkansas, on or about the 11th dаy of October, 1917.
Appellant pleaded not guilty to each charge, and, at his request, the causеs were tried together.
Appellant was convicted on both charges, from which judgment of conviction he appealed to the circuit court.
It аppears that the causes were tried as а consolidated case in the circuit’ court bеfore a jury upon the affidavits filed in the magistrate’s court and the testimony of witnesses.
At the conclusion of the evidence, the court instructed the jury to find the defendant guilty, and, in response to the court’s perеmptory instruction, the jury returned the following verdict: “We, thе jury, find the defendant guilty as charged, and place the fine of ($400) four hundred dollars. I. R. Pence, Foreman. ’ ’ A judgment was rendered against the appellant in accordance with the verdict, from which verdict and judgment аn appeal has been prosecuted tо this court.
Appellant is charged with a violation of the liquor laws under ,Act 13, Acts 1917, of the General Assembly of Arkаnsas. The punishment imposed for a violation under said act is found in section 19 thereof, which is as follows:
“Thаt any person, firm or corporation violating any of the provisions of this act, except othеrwise expressly provided herein, shall upon conviction be fined not less than one hundred dollars, and not more than one thousand dollars, for each оffense, and may be confined not less than thirty days nor more than ninety days in the county jail.”
It is insisted by appellаnt and conceded by the Attorney General that thе trial court erred in directing a verdict of guilty for the rеason that the trial court is without power to pеremptorily instruct a verdict of guilty where the crime сharged is punishable by fine or imprisonment or by both. The insistаnce of error by appellant, and the cоnfession thereof by the Attorney General, is in keeрing with the adjudications of this court in like cases. Robеrts v. State, 84 Ark. 564; Wylie v. State, 131 Ark. 572.
We deem it unnecessary to consider the second assignment of error.
The judgment is reversed аnd the cause remanded for proceedings not inconsistent with this opinion.