43 Ark. 151 | Ark. | 1884
Winn was indicted by the Grand Jury of Johnson County for selling intoxicating liquors within three miles of the public school-house in the town of Coal Hill, after the County Court had made an order prohibiting such sales. Upon his application the venue was changed to Eranklin, where he was tried, convicted and fined $25. His motion for a new trial contains five grounds:
1 and 2. That the verdict was contrary to the evidence and the law;
3. Misdirection of the jury;
4. Error of the court in suspending the trial, after the jury were sworn, until record evidence could be procured from Johnson County that a prohibitory order had been'made for the territory within three miles of the school-house in question.
5. Error in limiting the argument of one of the counsel to five minutes.
Of the third and fifth assignments, nothing more needs to be said than that no part of the charge of the court is embodied in the bill of exceptions; and the record- does not disclose the fact that the court imposed any restriction upon counsel as to the time to be consumed in argument.
Now the case there supposed is precisely the present case.
The defendant kept an alcoholic saloon, with all the conveniences and appliances of a dram shop — sugar, hot and cold water — spoons and tumblers; but the only intoxicant sold was alcohol, which was prepared in the shape of toddies, punches, etc., according to the tastes of customers. It was sold over the counter in small quantities to be drunk upon the premises. And the proof is unmistakable that the defendant’s customers sought it is an intoxicating beverage and an excellent substitute for whiskey.
Affirmed.