{
  "id": 1898669,
  "name": "Flower v. The State of Arkansas",
  "name_abbreviation": "Flower v. State",
  "decision_date": "1882-11",
  "docket_number": "",
  "first_page": "209",
  "last_page": "210",
  "citations": [
    {
      "type": "official",
      "cite": "39 Ark. 209"
    }
  ],
  "court": {
    "name_abbreviation": "Ark.",
    "id": 8808,
    "name": "Arkansas Supreme Court"
  },
  "jurisdiction": {
    "id": 34,
    "name_long": "Arkansas",
    "name": "Ark."
  },
  "cites_to": [
    {
      "cite": "19 Ark., 143",
      "category": "reporters:state",
      "reporter": "Ark.",
      "case_ids": [
        8725378
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ark/19/0143-01"
      ]
    },
    {
      "cite": "36 Ark., 36",
      "category": "reporters:state",
      "reporter": "Ark.",
      "case_ids": [
        1872384
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ark/36/0036-01"
      ]
    }
  ],
  "analysis": {
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  "last_updated": "2023-07-14T15:58:33.403188+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Flower v. The State of Arkansas."
    ],
    "opinions": [
      {
        "text": "Smith, J.\nElower was indicted for selling ardent liquors without license, pleaded not guilty, and on a trial before a jury was convicted. The proof showed that he kept a drug store in Perryville; that one Cook went to him, complained of feeling unwell, and stated that in his opinion it was whisky that he needed. After some hesitation, Elower delivered to him a pint of whisky, and also a saline powder, for which Cook paid him fifty cents.\nUnder the license act of March 8, 1879, druggists are not permitted to sell ardent spirits without a license \u2014 not even as medicine upon the prescription of a physician. (Woods v. State, 36 Ark., 36.) It did not help the defendant\u2019s case that the transaction was thereby disguised by giving the buyer a powder for which he had not called.\nThe court charged the jury that it was unnecessary for the State to prove that the defendant had no license. This was correct. The negative averment that he was unlicensed was particularly within his own knowledge, and must be taken as true unless disproved. Hopper v. State, 19 Ark., 143; Williams v. State, 35 ib., 430.\nOne of the grounds of the motion for a new trial was newly-discovered evidence. As this testimony only went to showthat he had refused to sell to other persons, it had no tendency to prove the defendant\u2019s innocence of this particular charge.\nAffirmed.",
        "type": "majority",
        "author": "Smith, J."
      }
    ],
    "attorneys": [
      "Moore, Attorney-General, for the State :"
    ],
    "corrections": "",
    "head_matter": "Flower v. The State of Arkansas.\n1. Liquor : Druggist can not sell without license.\nUnder the license act of 1819 a druggist can not sell liquor without license \u2014 not even as medicine upon the prescription of a physician.\n2. Same : Indictment: Proof of license.\nThe averment in an indictment that the defendant had no license to sell liquor, need not be proved. It is a matter particularly within the defendant\u2019s knowledge, and will be taken as true unless disproved.\n3. Same : Evidence : Refusal to sell to others.\nEvidence that the defendant refused to sell liquor to other parties, is no evidence that he did not sell to the party alleged in the indictment.\nAPPEAL from Perry Circuit Court.\nHon. J. M. Smith, Circuit Judge.\nMoore, Attorney-General, for the State :\nAppellant sold whisky and threw in the powder. This was a mere subterfuge to evade the law."
  },
  "file_name": "0209-01",
  "first_page_order": 205,
  "last_page_order": 206
}