Legal Opinion

State v. Stewart

Supreme Court of Kansas

Decided March 6, 1926No. 26,575PublishedCited by 9 opinions

1Opinion of the Court

*517The opinion of the court was delivered by

Mason, J.:

The defendants were convicted of keeping a place where intoxicating liquor was sold. They appeal on the ground that if they were guilty under that charge they were also guilty of selling liquor as charged in another count of the same information, upon which they were acquitted. The argument is that the verdict was necessarily inconsistent.

An obvious and plausible explanation of the inconsistency between the two parts of the verdict is that the jury were influenced by the feeling that punishment for one violation of law was as much as the…

2Cases cited2 opinions

  1. State v. HundSupreme Court of Kansas · 1924
  2. State v. TurnerSupreme Court of Kansas · 1901

3Cited by9 opinions

  1. State v. ArmijoNew Mexico Supreme Court · 1931
  2. State v. MurphySupreme Court of Kansas · 1937
  3. State v. OgdenSupreme Court of Kansas · 1972
  4. State v. JacksonSupreme Court of Kansas · 1926
  5. State v. MeyerCourt of Appeals of Kansas · 1992

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