{
  "id": 1373877,
  "name": "Lynn v. State",
  "name_abbreviation": "Lynn v. State",
  "decision_date": "1925-11-23",
  "docket_number": "",
  "first_page": "880",
  "last_page": "883",
  "citations": [
    {
      "type": "official",
      "cite": "169 Ark. 880"
    }
  ],
  "court": {
    "name_abbreviation": "Ark.",
    "id": 8808,
    "name": "Arkansas Supreme Court"
  },
  "jurisdiction": {
    "id": 34,
    "name_long": "Arkansas",
    "name": "Ark."
  },
  "cites_to": [
    {
      "cite": "162 Ark. 520",
      "category": "reporters:state",
      "reporter": "Ark.",
      "case_ids": [
        1385517
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ark/162/0520-01"
      ]
    }
  ],
  "analysis": {
    "cardinality": 282,
    "char_count": 5798,
    "ocr_confidence": 0.446,
    "pagerank": {
      "raw": 1.68034589590222e-07,
      "percentile": 0.6974709722458723
    },
    "sha256": "168523a3038cfe2cf2fe2671f457c838e172aa5396ef52cebe10ec439d5928bc",
    "simhash": "1:1efbe7f928b6aab4",
    "word_count": 951
  },
  "last_updated": "2023-07-14T23:00:38.667503+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Lynn v. State."
    ],
    "opinions": [
      {
        "text": "McCulloch, C. J.\nAppellant was convicted' of the charge of making mash\" suitable for distillation of alcoholic liquor, and he contends' on this appeal from the judgment of conviction that the evidence was not sufficient to sustain the verdict.\nThe sheriff and one of his deputies and a prohibition officer testified that on information of violations of the prohibition laws they went to appellant\u2019s house, and, on search of the locality, found a forty-gallon barrel of fresh mash secreted about 125 steps from appellant\u2019s back door; that they found otherbarrels of fresh mash-one about 250 yards from appellant\u2019s house, and another about one-fourth of a. mile from his house. They testified that, when one of the deputies found the barrel about 250 yards distant from appellant\u2019s house, he claimed that it was an old barrel that he had been plowing over. It was in a potato patch that appellant claimed to be cultivating, and the officers stated that it was fresh mash suitable for distillation of alcoholic liquor. There was a plainly marked trail, according to the testimony of these witnesses, from appellant\u2019s back door to the place where the first barrel was found. On search of appellant\u2019s house, the officers found three bottles in his kitchen cabinet, each containing some whiskey. The evidence was, we think, sufficient to sustain the finding that, appellant made the mash, and that it was of the kind described in the statute.\nIt is contended that the proof fails for the reason that it does not show that the mash contained alcohol. This is not essential to a conviction, for the purpose of the statute was to make it a criminal offense to make mash suitable for distillation of alcoholic liquors, even' though it\u2019had not, in fact, reached, in the process of manufacture, the alcoholic or intoxicating state. Rinehart v. State, 162 Ark. 520.\nIt is also contended that the court erred in admitting testimony concerning the finding in appellant\u2019s home of bottles containing whiskey and of the sale of whiskey by appellant about that time. This testimony was competent, not for the purpose of showing appellant\u2019s guilt of the unlawful sale of whiskey, but as tending to show that he was guilty of the crime charged in the indictment.\nThe court admitted testimony of the officers to thfc effect that, on a search of appellant\u2019s premises or locality on a previous occasion, they had found barrels of mash. This was competent, not to show a previous, offense, but as tending to establish- the charge in the indictment. Appellant was not arrested on the former occasion, but the fact that barrels of mash were found in his immediate locality on a previous occasion was competent to show that he was engaged in the business of making mash for the purpose of distillation of alcoholic liquor.\nAn instruction of the court on the subject of circumstantial evidence is assailed as error. It is not contended that the instruction is incorrect as an abstract state-meat of the law, but that it was inapplicable to this case, but we are of the opinion that the instruction was correct' and' was applicable in view of the fact that the State\u2019s case depended largely upon circumstantial evidence.\nFinally, it is contended that the court erred in permitting witness Shaw, who was sheriff of the county, to testify that he had received information that a man was going out to appellant\u2019s house to buy whiskey, and that he went out there for the purpose of catching the person, but that.the person had not reached there when the officers arrived. This statement of the witness was a preliminary one in explanation as to why he went to appellant\u2019s premises, and we think that it was competent for the witness to state those explanatory facts. At any rate, there was no prejudice in allowing the witness to make the statement.\nWe find no error in the record, and the judgment is therefore affirmed.",
        "type": "majority",
        "author": "McCulloch, C. J."
      }
    ],
    "attorneys": [
      "Holland, Holland do Holland and E. M. Ditmon, for appellant. ' .",
      "H. W. Applegate', Attorney General, and Darden Moose, Assistant, for appellee. - \u2019"
    ],
    "corrections": "",
    "head_matter": "Lynn v. State.\nOpinion delivered November 23, 1925.\n1. Intoxicating liquors \u2014 making mash \u2014 evidence.\u2014In a prosecution for making mash suitable for distillation of alcoholic liquor, evidence held to sustain a finding that accused made the mash and that it was of the kind suitable for distillation of alcoholic liquor.\n2. Intoxicating liquors \u2014 making mash \u2014 alcoholic content.\u2014 The crime of making mash suitable for distillation may be committed, though the (process had not advanced to the stage where the mash was alcoholic.\n3. Intoxicating liquors \u2014 making mash \u2014 evidence.\u2014Testimony concerning finding bottles of whiskey in defendant\u2019s house and of his having sold whiskey about the time of the alleged offense was admissible in a prosecution for making mash suitable for distillation of alcoholic liquor.\n4. Criminal law \u2014 similar crime \u2014 evidence.\u2014In a prosecution for making mash suitable for distillation of alcoholic liquor/ testimony of ofijeers that they found mash on a previous' search of defendant\u2019s premises or locality was admissible.\n5. Criminal law \u2014 instruction on circumstantial evidence. \u2014 In a criminal prosecution an instruction bn circumstantial evidence was proper where the State\u2019s case depended largely on evidence of that character.\n6. Criminal law \u2014 competency op explanatory evidence \u2014 In a prosecution for making mash suitable for distillation of alcoholic \u2022liquor, a preliminary statement of a witness that he received information that a man was going to defendant\u2019s house to buy whiskey, and that he went there to catch the person, made in explanation as to why he went to defendant\u2019s house, held proper, and in any event not prejudicial.\nAppeal from Sebastian Circuit Court, Greenwood District; John E. Tatum, Judge;\naffirmed.\nHolland, Holland do Holland and E. M. Ditmon, for appellant. ' .\nH. W. Applegate', Attorney General, and Darden Moose, Assistant, for appellee. - \u2019"
  },
  "file_name": "0880-01",
  "first_page_order": 900,
  "last_page_order": 903
}