Summary
In Graves v. State, 165 Ark. 30, 33, 243 S.W. 855 (1922), we held that the failure to make such an objection or exception waived the alleged error on appeal. This is in accordance with our procedure, 15 Ark. L. R. 69, and we accordingly hold that appellant's contention is without merit.
Summary of this case from Chandler v. StateOpinion
8 Div. 940.
April 11, 1922.
Appeal from County Court, Morgan County; W.T. Lowe, Judge.
B.F. Graves was convicted of violating the prohibition laws, and he appeals. Reversed and remanded.
The defendant was charged by affidavit with having in his possession prohibited liquors. The evidence for the state tended to show that the two state witnesses went to the grocery store operated by the father of the defendant, and there found a partially filled case of corrugated bottles filled with an amber-colored liquid, which were corked with tin-tipped crest corks. The liquid was not opened nor tested in any way, so far as is disclosed by the record, and there was no testimony concerning its character, except the testimony of the defendant, who stated it was nonintoxicating and nonalcoholic, and was kept by him for his personal use, having been prescribed for him by a physician. The defendant was not in the store at the time, and did not stay in the store, but was chief clerk for the Southern Railroad.
S.A. Lynne, of Decatur, for appellant.
Brief of counsel did not reach the Reporter.
Harwell G. Davis, Atty. Gen., for the State.
Brief of counsel did not reach the Reporter.
The evidence in this case is not sufficient to convict the defendant of a violation of any of the prohibition laws of this state, and the court should have so charged the jury. Prosecutions, such as are here presented, have a tendency to bring the prohibition laws into disrepute, and should never be brought.
For the error pointed out the judgment is reversed and the cause is remanded.
Reversed and remanded.