Legal Opinion

State v. Whisner

Supreme Court of Kansas

Decided January 15, 1886PublishedCited by 25 opinions

Appeal from, Linn District Court. On July 15, 1885, the county attorney of Linn county filed the following information against Robert Whisner, (omitting court and title:) “Whereas, upon a certain inquiry by and before me, lately instituted and carried on at the city of La Cygne, in said Linn county, in the state of Kansas, into and. concerning certain violations of an act of the legislature of the state of Kansas,, Entitled 'An act amendatory and supplemental to chapter 128…

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Appeal from, Linn District Court. On July 15, 1885, the county attorney of Linn county filed the following information against Robert Whisner, (omitting court and title:) “Whereas, upon a certain inquiry by and before me, lately instituted and carried on at the city of La Cygne, in said Linn county, in the state of Kansas, into and. concerning certain violations of an act of the legislature of the state of Kansas,, Entitled 'An act amendatory and supplemental to chapter 128 of the Session Laws of 1881, being an act entitled 'An act to prohibit the manufacture and sale of intoxicating liquors,…

1Opinion of the Court

The opinion of the court was delivered by

Horton, C. J.:

The defendant was Convicted upon two separate counts of an information, charging him with violations of the provisions of the prohibitory liquor law. He was sentenced to pay fines accounting in all to $500, and to terms of imprisonment aggregating four months in the county jail of Linn county. From the judgment he appeals. It is urged that the information is insufficient, and that the proceedings against the defendant were not by due course of law. In support thereof, it is said that the information did not give to the defendant the…

2Cases cited11 opinions

  1. Hurtado v. CaliforniaSupreme Court of the United States · 1884
  2. Ex Parte WilsonSupreme Court of the United States · 1885
  3. Constitutional Prohibitory AmendmentSupreme Court of Kansas · 1881
  4. State v. SchweiterSupreme Court of Kansas · 1882
  5. Kalloch v. Superior CourtCalifornia Supreme Court · 1880

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3Cited by25 opinions

  1. De Graff v. StateCourt of Criminal Appeals of Oklahoma · 1909
  2. Fletcher v. StateCourt of Criminal Appeals of Oklahoma · 1909
  3. Carleton v. RuggMassachusetts Supreme Judicial Court · 1889
  4. Bailey v. HudspethSupreme Court of Kansas · 1948
  5. Weeks v. SmithSupreme Judicial Court of Maine · 1889

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