{
  "id": 8720282,
  "name": "State v. Mills",
  "name_abbreviation": "State v. Mills",
  "decision_date": "1923-09-24",
  "docket_number": "",
  "first_page": "194",
  "last_page": "195",
  "citations": [
    {
      "type": "official",
      "cite": "160 Ark. 194"
    }
  ],
  "court": {
    "name_abbreviation": "Ark.",
    "id": 8808,
    "name": "Arkansas Supreme Court"
  },
  "jurisdiction": {
    "id": 34,
    "name_long": "Arkansas",
    "name": "Ark."
  },
  "cites_to": [
    {
      "cite": "123 Ark. 449",
      "category": "reporters:state",
      "reporter": "Ark.",
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        1556250
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ark/123/0449-01"
      ]
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    {
      "cite": "94 Ark. 368",
      "category": "reporters:state",
      "reporter": "Ark.",
      "case_ids": [
        1545449
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      "opinion_index": 0,
      "case_paths": [
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    },
    {
      "cite": "84 Ark. 564",
      "category": "reporters:state",
      "reporter": "Ark.",
      "case_ids": [
        1524392
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ark/84/0564-01"
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    "word_count": 477
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  "last_updated": "2023-07-14T19:01:05.039871+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "State v. Mills."
    ],
    "opinions": [
      {
        "text": "Hart, J.\nInformation was filed by the deputy prosecuting- attorney in the municipal court in the city of Helena charging Willie Mills with the-crime of storing alcoholic liquors, in violation of \u00a7 6169 of Crawford & Moses\u2019 Digest.'\nThe punishment prescribed for violation of the statute is' by fine or imprisonment in the county jail, or by both, in the discretion of the court or jury trying the case. Crawford & Moses\u2019 Digest, \u00a7 6183.\nThe defendant was convicted in the municipal court, and appealed to the circuit court. Ther\u00e9 he was tried' before the circuit court sitting as a jury, and, aftdr hearing the evidence adduced by the State, the court made a g-eneral finding that the defendant was not guilty, and judgment was entered discharging him. The State, by its prosecuting attorney, then prayed an appeal to this court.\nThe object of the statute allowing the State to appeal in criminal cases is to obtain a decision of the Supreme Court where it is important to the correct and uniform administration of the criminal laws. In cases .where-the punishment prescribed by the statute is by imprisonment, or by- fine and imprisonment, the court cannot direct a verdict of guilty, although it may deem the evidence for the State to be uncontradicted. Roberts v. State, 84 Ark. 564.\nIn the application of the principle this court has held that the statute does not contemplate an appeal in a case like this, in which the only error alleged is that the court incorrectly decided that the evidence was not sufficient to warrant a submission of the issue to the jury. State v. Smith, 94 Ark. 368, and State v. Spear and Boyce, 123 Ark. 449.\nThe reason given is that, where the appeal is only taken from the ruling of the trial court that all the.evidence was not sufficient to convict the defendant, the ruling is rather upon the sufficiency of the testimony than upon a question of law.\nThe State\u2019s appeal is therefore dismissed.\nSee Crawford & Moses\u2019 Dig., \u00a7\u00a7 3410, 8425",
        "type": "majority",
        "author": "Hart, J."
      }
    ],
    "attorneys": [
      "J. S. Utley, Attorney 'General; John L. Garter, W. T. Hammock and Barden Moose, Assistants, for appellant. \u25a0 , , .",
      "W. G. Dinning, for appellee."
    ],
    "corrections": "",
    "head_matter": "State v. Mills.\nOpinion delivered September 24, 1923.\nCRIMINAL law \u2014 RIGHT OP APPEAL BY state. \u2014 The statutes allowing \u25a0 \u2019 ah appeal by the State in cases in which the liberty of the .accused is involved, as when the punishment may involve imprisonment, in which case there can be no reversal, do not contemplate an appeal by the State where the court sitting as a jury, after the State\u2019s evidence was in, made a general finding that defendant was not guilty; the appeal being' allowed only to obtain a decision on a point of law important to the correct and uniform administration of the criminal laws.\nAppeal from Phillips Circuit Court; E. D. Robertson, Judge; appeal\ndismissed.\nJ. S. Utley, Attorney 'General; John L. Garter, W. T. Hammock and Barden Moose, Assistants, for appellant. \u25a0 , , .\nW. G. Dinning, for appellee."
  },
  "file_name": "0194-01",
  "first_page_order": 218,
  "last_page_order": 219
}