State v. Moseli
Supreme Court of Kansas
Appeal from, Montgomery District Court. The opinion states the case. It is not contended by appellant in this case that the court below was without jurisdiction to try him for any offense of which the county attorney had actual knowledge when he verified the information; but it is contended that he could be tried for no offense of which the county attorney had no actual knowledge when he verified the information.
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Appeal from, Montgomery District Court. The opinion states the case. It is not contended by appellant in this case that the court below was without jurisdiction to try him for any offense of which the county attorney had actual knowledge when he verified the information; but it is contended that he could be tried for no offense of which the county attorney had no actual knowledge when he verified the information. In The State v. Brooks, 33 Kas. 712, this court says: “When the complaining witness verifies an information, he must do so positively and in such a manner as to indicate that he had…
1Opinion of the Court
The opinion of the court was delivered by
Johnston, J.:
John Moseli was arrested and tried for a violation of the prohibitory liquor law. The information upon which he was tried contained four counts, but he was only convicted upon the first count, which charged him with an unlawful sale made July 1, 1891, without first taking out and having a permit to sell intoxicating liquors. The information was verified by the county attorney, who swore positively that the allegations contained therein were true. The county attorney elected to rely upon a sale made to one An*145derson, about which testimony…
2Cases cited1 opinion
- State v. BlackmanSupreme Court of Kansas · 1884
3Cited by21 opinions
- Fletcher v. StateCourt of Criminal Appeals of Oklahoma · 1909
- Moss v. StateCourt of Criminal Appeals of Oklahoma · 1910
- State v. WhiteSupreme Court of Kansas · 1907
- State v. ThomasSupreme Court of Kansas · 1906
- State v. MillerSupreme Court of Kansas · 1912
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