In re Smith
Supreme Court of Kansas
Original Proceeding in Habeas Corpus. On the 15th day of December, 1894, the county attorney of Wyandotte county filed an information in the court of common pleas of that county charging “that said Joseph Perry Smith did, in the county of Wyandotte, state of Kansas, and on or about the 21st day of June, 1894, engage in an unlawful calling, to wit, the calling of managing and operating a lottery, and the selling of lottery tickets, and did then and there establish a lottery…
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Original Proceeding in Habeas Corpus. On the 15th day of December, 1894, the county attorney of Wyandotte county filed an information in the court of common pleas of that county charging “that said Joseph Perry Smith did, in the county of Wyandotte, state of Kansas, and on or about the 21st day of June, 1894, engage in an unlawful calling, to wit, the calling of managing and operating a lottery, and the selling of lottery tickets, and did then and there establish a lottery for unlawfully disposing and distributing personal property, to wit, money, and did then and there unlawfully set on foot…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
The information in this case was filed under the provisions of § 368 of the crimes act, which reads as follows:
“Any person who may be found loitering around houses of ill fame, gambling houses, or places where liquors are sold or drank, without any visible means of support, or shall be the keeper or inmate of a house of ill fame or gambling house, or engaged in any unlawful calling whatever, or any able-bodied married man who shall neglect or refuse to provide for the support of his family, shall be deemed a vagrant, and,, upon conviction…
2Cases cited2 opinions
- State ex rel. Kellogg v. Kansas Mercantile Ass'nSupreme Court of Kansas · 1891
- Ex parte BlanchardNevada Supreme Court · 1874
3Cited by9 opinions
- State v. NelsonSupreme Court of Kansas · 1972
- State Ex Rel. Stephan v. FinneySupreme Court of Kansas · 1994
- State Ex Rel. Six v. Kansas LotterySupreme Court of Kansas · 2008
- State Ex Rel. Moore v. BissingSupreme Court of Kansas · 1955
- State v. CatalanoNew Jersey Superior Court Appellate Division · 1954
4 more not listed; retrieve them via the Exa API.