State v. Mugler
Supreme Court of Kansas
Appeal from Saline District Court. Two actions against Peter Mugler for violating chapter 128, Laws of 1881. In each of these cases the defendant, at the November Term, 1881, of the district court, was found guilty, and fined $100. He appeals. The opinion states the facts. In the case for manufacturing, we think our motion to quash the indictment should have been sustained.
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Appeal from Saline District Court. Two actions against Peter Mugler for violating chapter 128, Laws of 1881. In each of these cases the defendant, at the November Term, 1881, of the district court, was found guilty, and fined $100. He appeals. The opinion states the facts. In the case for manufacturing, we think our motion to quash the indictment should have been sustained. It is bad for duplicity, in charging the defendant at the same time with manufacturing by himself and abetting others in the manufacture. Both certainly cannot be true of the same transaction. One cannot be principal and…
1Opinion of the Court
The opinion of the court was delivered by
"Valentine, J.:
The defendant, Peter Mugler, was prosecuted criminally, in two different cases, for violations of the prohibitory liquor law. In the first case, the indictment contained but one count, charging that the defendant “did unlawfully manufacture, and aid, assist and abet in the manufacture” of certain intoxicating liquors. In the second case, the indictment contained six counts, in the first five' of which it charged that the defendant, on five different days, sold intoxicating liquors in violation of law; and in the sixth count it charged…
2Cases cited4 opinions
- Beer Co. v. MassachusettsSupreme Court of the United States · 1878
- Alexander v. O'DonnellSupreme Court of Kansas · 1874
- State v. VolmerSupreme Court of Kansas · 1870
- Dolson v. HopeSupreme Court of Kansas · 1871
3Cited by5 opinions
- State v. . MooreSupreme Court of North Carolina · 1889
- Martin v. DavisSupreme Court of Kansas · 1960
- State v. HoracekSupreme Court of Kansas · 1889
- State v. WalruffUnited States Circuit Court · 1886
- People v. McGannNew York Supreme Court · 1884