Legal Opinion

State v. Volmer

Supreme Court of Kansas

Decided July 15, 1870PublishedCited by 15 opinions

Error from Lyon District Court. Information filed in the district court on the 29th of June, 1870, charging defendant Volmer with a “second offense ” in selling intoxicating liquors without license, as that offense is defined in § 3 of the Dramshop Act.

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Error from Lyon District Court. Information filed in the district court on the 29th of June, 1870, charging defendant Volmer with a “second offense ” in selling intoxicating liquors without license, as that offense is defined in § 3 of the Dramshop Act. The information states — “That on the 10th day of June, 1870, at the county of Lyon aforesaid, the said E. W. Volmer, in a certain one and one-half story frame building, situated on lot No. 6, on Commercial street, in Randolph’s addition to the city of Emporia, did sell fermented, intoxicating liquor, called beer, he the said F. W. Volmer, not…

1Opinion of the Court

The opinion of the court was delivered by

Valentine, J.:

Such questions in this case as are identical with questions raised and decided in a former case between The Slate and this same defendant, (ante, p. 371,) we shall not again consider. But there is a new question raised in this case, to-wit: After due proof is made that the defendant has sold spirituous, vinous, fermented, and other intoxicating liquors without a license, is proof of a former conviction and judgment for a similar offense, before a justice of the peace, appealed from to the district court, or proof of a former conviction…

2Cited by15 opinions

  1. Joyner v. StateSupreme Court of Florida · 1947
  2. Attorney General Ex Rel. O'Hara v. MontgomeryMichigan Supreme Court · 1936
  3. People v. AdamsMichigan Supreme Court · 1893
  4. People v. SchallerAppellate Division of the Supreme Court of the State of New York · 1928
  5. Neal v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1927

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