State v. Nye
Supreme Court of Kansas
Appeal from Chase District Court. Prosecution for a violation of the prohibitory liquor law. At the December Term, 1883, defendant Nye was convicted on three counts in an information filed against him, fined $100 on each count, adjudged to pay the costs, and be committed to the county jail until the fines and costs were paid. Prom this sentence he appeals.
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
The defendant was convicted upon three counts in an information charging him with selling intoxicating liquors without a permit therefor, and was fined three hundred dollars and costs. From this conviction and sentence he appeals to this court.
It is urged upon his part, that there was np evidence before the court tending to prove that he had no permit. In The State v. Schweiter, 27 Kas. 499, it was said that no material averment in an information which is denied by the defendant, is taken as true; that it is incumbent upon the prosecution…
2Cases cited1 opinion
- State v. SchweiterSupreme Court of Kansas · 1882
3Cited by8 opinions
- Coffin v. Board of Com'rsU.S. Circuit Court for the District of Kansas · 1902
- State v. SchmidtSupreme Court of Kansas · 1885
- State v. GoffCourt of Appeals of Kansas · 1899
- Chapman v. BoyntonDistrict Court, D. Kansas · 1933
- State v. IrwinSouth Dakota Supreme Court · 1903
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