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Marquardt v. State

52 Ark. 269
CourtSupreme Court of Arkansas
DecidedNovember 15, 1889
StatusPublished
Cited by1 cases

This text of 52 Ark. 269 (Marquardt v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Marquardt v. State, 52 Ark. 269 (Ark. 1889).

Opinion

Per Curiam.

Indictment : Time. The allegation of time in the indictment is immaterial; the gist of the offence is that spirituous liquor was sold on Sunday, and whether the day of the month is correctly stated is no more important in this than in other cases. Whart. Crim. Pl. and Pr., sec. 121; People v. Ball, 42 Barb., 324; State v. Drake, 64 N. C., 591; State v. Eskridge, 1 Swan, 416.

In Robinson v. State, 38 Ark., 548, it was not charged that the offence was committed on Sunday but only on a day of the month which the court judicially knew was not Sunday. That case does not conflict with the view now expressed.

Affirmed.

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Related

Venable v. State
5 S.W.2d 716 (Supreme Court of Arkansas, 1928)

Cite This Page — Counsel Stack

Bluebook (online)
52 Ark. 269, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marquardt-v-state-ark-1889.