State v. Johnson

The opinion of the court was delivered by

Parker, C. J.:

This is a misdemeanor case wherein it appears that this court, for the first time, is called upon to review a criminal prosecution and conviction, instituted and obtained by the State, under Laws of 1909, Chapter 178 [now K. S. A. 21-1212], pertinent provisions of which read:

*209“RELATING TO PREVENTION OF NUISANCES.

“An Act to prevent nuisances, and providing a penalty for the violation thereof.

“Section 1. That any person who shall, as owner, lessee or occupant, maintain any stable, shed, pen or other places where horses, cattle, hogs or other…