{
  "id": 1501074,
  "name": "Bradshaw v. State",
  "name_abbreviation": "Bradshaw v. State",
  "decision_date": "1905-10-21",
  "docket_number": "",
  "first_page": "562",
  "last_page": "563",
  "citations": [
    {
      "type": "official",
      "cite": "76 Ark. 562"
    }
  ],
  "court": {
    "name_abbreviation": "Ark.",
    "id": 8808,
    "name": "Arkansas Supreme Court"
  },
  "jurisdiction": {
    "id": 34,
    "name_long": "Arkansas",
    "name": "Ark."
  },
  "cites_to": [
    {
      "cite": "69 Ark. 360",
      "category": "reporters:state",
      "reporter": "Ark.",
      "case_ids": [
        8723115
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ark/69/0360-01"
      ]
    },
    {
      "cite": "56 Ark. 444",
      "category": "reporters:state",
      "reporter": "Ark.",
      "case_ids": [
        1326166
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ark/56/0444-01"
      ]
    }
  ],
  "analysis": {
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  "last_updated": "2023-07-14T17:37:18.445737+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Bradshaw v. State."
    ],
    "opinions": [
      {
        "text": "McCulloch, J.\nThe appellant, Henry Bradshaw, was tried and convicted under an indictment charging him with the unlawful sale, without license, of certain liquor.\nNo objection has been made, either here or below, to the form of the' indictment, and the proof was directed to a sale by appellant of a compound or preparation called \u201cUno,\u201d containing alcohol. It was agreed at the trial below that appellant had sold this preparation as a' beverage, without license; \u201cthat it has the general appearance of beer; foams, sparkles, and has the color and taste of beer; that a person could not contain enough of it to intoxicate; and that it is used in lieu of the stronger beverages, and almost universally sold in prohibition districts.\u201d It was shown by the testimony of other witnesses not to be intoxicating, but to be a \u201cmild, pleasant, and .agreeable soft drink, and one in which there is no harm, and from the use of which no intoxication or other deleterious effects can follow.\u201d\nAn analysis of the liquor proved the following to be contained therein:\nAlcohol ..................................1.84\nProteids ........1.........................50\nExtractive matters..........................3.50\nSugar ...................................2.50\nThe court refused to declare the law, as asked by appellant, that before he could be convicted it must appear that the liquor sold was intoxicating, but declared the law to be that it is unlawful to sell, without license, any compound or preparation, as a beverage, which contains alcohol.\nWe are asked by learned counsel for appellant to hold that it is not unlawful to sell, as a beverage, a compound or preparation containing alcohol, unless the same be intoxicating. The statute under which appellant was indicted and convicted has been otherwise construed by the decisions of this court, and we adhere to the construction heretofore given. Bond v. State, 56 Ark. 444; Crawford v. State, 69 Ark. 360.\nIn the case last cited the court said that \u201cit is obvious that the liquid sold by the appellant must be a compound of .one or more of the liquors under the ban- of the law with other ingredients, or contain the elements necessary to constitute an intoxicating liquid in such form as it may be used as a beverage.\u201d\nIt follows from this that the sale without license of any compound containing the liquors enumerated is unlawful, whether such compound be intoxicating or not. If it contains any of the liquors enumerated, a sale thereof as a beverage is unlawful. The statute prohibits the sale, without license, of any of the liquors named, and the sale as a beverage of any compound or preparation containing them, whether it be intoxicating or not, and all intoxicating liquors of any kind.\nIn the case of Bond v. State, supra, this court sustained a conviction for sale of a non-intoxicating\" compound containing substantially the same proportion of alcohol as in the liquor which appellant sold.\nAffirmed.",
        "type": "majority",
        "author": "McCulloch, J."
      }
    ],
    "attorneys": [
      "Brooks & Hays, and Sam R. Chew, for appellant.",
      "Robert L. Rogers, Attorney General, for appellee."
    ],
    "corrections": "",
    "head_matter": "Bradshaw v. State.\nOpinion delivered October 21, 1905.\nLiquors \u2014 non-intoxicating compound. \u2014 Kirby's Digest, \u00a7 5093, makes it unlawful to sell, as a beverage, any compound or preparation con- \" tabling alcohol, whether intoxicating or not.\nAppeal from Pope Circuit Court..\n\u25a0William L..Moose, Judge.\nAffirmed.\nBrooks & Hays, and Sam R. Chew, for appellant.\nThe amount of alcohol in the drink, as shown by the proof, is not sufficient to bring its sale within the meaning of the statute.\nRobert L. Rogers, Attorney General, for appellee."
  },
  "file_name": "0562-01",
  "first_page_order": 584,
  "last_page_order": 585
}