City of Wichita v. Murphy
Supreme Court of Kansas
Appeal from Sedgwick district court; Thomas C. 'Wilson, judge. STATEMENT. The appellant was convicted in the police court of the .•city of Wichita of the unlawful sale of intoxicating liquors, and of maintaining a nuisance by keeping a .place where intoxicating liquors were kept for sale, in violation of the ordinance of such city.
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Appeal from Sedgwick district court; Thomas C. 'Wilson, judge. STATEMENT. The appellant was convicted in the police court of the .•city of Wichita of the unlawful sale of intoxicating liquors, and of maintaining a nuisance by keeping a .place where intoxicating liquors were kept for sale, in violation of the ordinance of such city. As a part of the judgment against the appellant he was committed to the city jail for thirty days, and adjudged to pay a fine of $100 on each count and to be committed until 'the fine and costs of the action be paid. An appeal was taken to the district court,…
1Opinion of the Court
The opinion of the court was delivered by
Graves, J.:
Numerous assignments of error have been presented, but in argument only one has been seriously discussed. It is insisted that the ordinance under which the appellant was prosecuted is void. The argument is based upon the rule announced by this court in the case of In re Van Tuyl, 71 Kan. 659, 81 Pac. 181. In that case it was held by this court that the purpose 'of the statute authorizing cities to enact ordinances for the suppression of the sale of intoxicating liquors as a beverage containing substantially the same provisions as the statute…
2Cases cited2 opinions
- State v. BoyleSupreme Court of Kansas · 1872
- In re Van TuylSupreme Court of Kansas · 1905
3Cited by4 opinions
- Ex Parte AndresCourt of Criminal Appeals of Texas · 1922
- Hurston v. LinvilleSupreme Court of Kansas · 1922
- Helena v. RusswurmSupreme Court of Arkansas · 1934
- City of Kansas City v. GriffinSupreme Court of Kansas · 1983