{
  "id": 1892063,
  "name": "State v. Chambless",
  "name_abbreviation": "State v. Chambless",
  "decision_date": "1885-11",
  "docket_number": "",
  "first_page": "349",
  "last_page": "351",
  "citations": [
    {
      "type": "official",
      "cite": "45 Ark. 349"
    }
  ],
  "court": {
    "name_abbreviation": "Ark.",
    "id": 8808,
    "name": "Arkansas Supreme Court"
  },
  "jurisdiction": {
    "id": 34,
    "name_long": "Arkansas",
    "name": "Ark."
  },
  "cites_to": [
    {
      "cite": "32 Ark., 185",
      "category": "reporters:state",
      "reporter": "Ark.",
      "case_ids": [
        1877100
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ark/32/0185-01"
      ]
    }
  ],
  "analysis": {
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  "last_updated": "2023-07-14T18:02:56.621202+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "State v. Chambless."
    ],
    "opinions": [
      {
        "text": "Smith, J.\nChambless was indicted, on the ioth of March, 1884, for selling intoxicating liquors, \u201c without first procuring a license from the county court to exercise such privilege.\u201d The indictment did not specify in what quantities the liquors were sold. He pleaded \u201c not guilty,\u201d was tried and acquitted.\nThe testimony showed, without contradiction, that he sold whisky and beer in quantities less than one quart during the year 1883, and within twelve months next before the finding of-the indictment. He produced a license from the proper authority to sell liquors by the quart from January 1 to December 31, 1883. One witness also testified to sales of whisky in the months of January and February, 1884;-but the defendant being sworn as a witness denied any sales in 1884.\nThe jury were told in effect that the defendant was guilty if he had sold liquors, at any time within a year before the indictment was returned into court, without being licensed. But the court refused to charge that the defendant could be convicted under this indictment, upon proof that, having only a quart license, he had sold in smaller qu\u00e1ntities.\nSections 4.303-12 and 4316-19 of Mansfield\u2019s Digest provide for the issue of two kinds of licenses\u2014one authorizing sales of liquors in quantities not less than a quart, and when the liquors are not to be consumed on the premises of the vendor; and the other being a license to keep a dram-shop. The former license does not protect the licensee in selling by the pint, half-pint and drink, as was the case here. But where-ever the quantity sold, or the place where the liquor is to be drunk, is an element of the offense, it must be alleged in the indictment. Bishop on Statutory Crimes, Secs. 1034, b, 1039; State v. Clayton, 32 Ark., 185.\nThe charge being general\u2014that the defendant sold without license\u2014the issue thus tendered was met by the exhibition of a license to sell in any quantity whatever. Without specification in the indictment as to the quantity sold, quantity becomes immaterial. The defendant should have been indicted for. keeping a dram-shop, or for selling in quantities under a quart.\nAs to the sales in 1884, when the defendant had no license of any sort, that waS a question of fact, which the jury, upon conflicting evidence, have determined adversely to the state. As they were properly directed, their verdict cannot be dis\u2022turbed.\nAffirmed.",
        "type": "majority",
        "author": "Smith, J."
      }
    ],
    "attorneys": [
      "Dan W. Jones, Attorney General, for the State."
    ],
    "corrections": "",
    "head_matter": "State v. Chambless.\nI. Liquor: Indictment for selling: Proof.\nUnder an indictment for selling liquor without license without specifying in what quantities it was sold, a defendant, who has license to sell in quantities not less than a quart, cannot be .convicted on proof of selling in less quantities. He should be indicted for keeping a dram-shop, or for selling in less quantities than a quart.\nAPPEAL from Nevada Circuit Court.\nHon. L. A. Byrne,. Circuit Judge.\nDan W. Jones, Attorney General, for the State.\nThe license for 1883 being to sell by the quart was no protection to appellee when he sold in less quantities, and the court erred in instructing the jury that it was. But if we admit that the appellee could not be convicted for selling liquors during that year in less quantities, yet the court certainly erred in refusing to give the fourth instruction as asked by the state, {Trans. 8,) and in amending the same, {Trans. 10,) because there was evidence that appellee did sell liquor in less quantities than a quart in 1884, prior to the indictment, when he had no license whatever. This comes within the charge of the indictment."
  },
  "file_name": "0349-01",
  "first_page_order": 363,
  "last_page_order": 365
}