State v. Young
Supreme Court of Kansas
Appeal from Chase District Court. At the November Term 1876 of the district court, M. M. Young, L. C. Harrington, and Jacob Hornberger, were severally tried and convicted for selling intoxicating liquors contrary to the provisions of the Dramshop Act, (ch. 35, Gen. Stat. 1868.) The cases were tried by the court without a jury.
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Appeal from Chase District Court. At the November Term 1876 of the district court, M. M. Young, L. C. Harrington, and Jacob Hornberger, were severally tried and convicted for selling intoxicating liquors contrary to the provisions of the Dramshop Act, (ch. 35, Gen. Stat. 1868.) The cases were tried by the court without a jury. In each case the defendant admitted the selling of the liquor, but proved as a defense that the selling was done within the corporate limits of the city of Cottonwood Falls; that said city was duly incorporated as a city of the third class; that said city had an…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
The defendant was convicted of selling liquors in Cottonwood Falls, Chase county, contrary to the provisions of the dramshop act of 1868. The selling of the liquors was admitted, but defendant established on the trial that Cottonwood Falls was an incorporated city of the third class; that the city had an ordinance in force at the time of the commission of the acts alleged in the information, regu*416lating tippling-shops; that defendant had received a license from the city authorities to keep a tippling-shop within the city during the period…
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