Legal Opinion

State v. Gleason

Supreme Court of Kansas

Decided July 15, 1884PublishedCited by 34 opinions

Appeal from Allen District Court. Prosecution for a violation of § 7 of the prohibitory liquor law. At the March Term, 1884, the defendant Gleason was found guilty, and sentenced to pay a fine of $100 and costs, and to be committed to the county jail until the same were paid. From this judgment he appeals. The material facts appear in the opinion.

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Appeal from Allen District Court. Prosecution for a violation of § 7 of the prohibitory liquor law. At the March Term, 1884, the defendant Gleason was found guilty, and sentenced to pay a fine of $100 and costs, and to be committed to the county jail until the same were paid. From this judgment he appeals. The material facts appear in the opinion. No warrant can lawfully issue upon such a complaint or information as the one in the present case, as the first step in a criminal prosecution. The only pretense of justification is found in the 12th section of chapter 128, Laws of 1881, which…

1Opinion of the Court

The opinion of the court was delivered by

Horton, C. J.:

This was a prosecution for the violation of § 7, chapter 128, Laws of 1881, commonly known as the prohibitory liquor law. The county attorney commenced proceedings by information or complaint in the district court. This was verified by the county attorney uj>on information and belief. The defendant moved the court to set aside and quash the warrant issued upon the ■ information, and for his discharge, for the reason that no probable cause was shown, supported by oath or affirmation. This motion was overruled. The defendant objected to…

2Cases cited9 opinions

  1. Washburn v. PeopleMichigan Supreme Court · 1862
  2. City of Atchison v. BartholowSupreme Court of Kansas · 1866
  3. State v. MontgomerySupreme Court of Kansas · 1871
  4. People v. HeffronMichigan Supreme Court · 1884
  5. Thompson v. HigginbothamSupreme Court of Kansas · 1877

4 more not listed; retrieve them via the Exa API.

3Cited by34 opinions

  1. State v. PetersonWyoming Supreme Court · 1920
  2. State ex rel. Samlin v. District CourtMontana Supreme Court · 1921
  3. Weeks v. United StatesCourt of Appeals for the Second Circuit · 1914
  4. Evans v. Willis, County JudgeSupreme Court of Oklahoma · 1908
  5. State v. BrooksSupreme Court of Kansas · 1885

29 more not listed; retrieve them via the Exa API.

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