Legal Opinion

State v. Cullins

Supreme Court of Kansas

Decided January 15, 1894PublishedCited by 15 opinions

Appeal from Marion District Court. ON the 12th day of July, 1892, an information was filed in the district court of Marion county against A. D. Cullins, charging him with selling intoxicating liquor without first taking out and having a permit'as required by law. The information contained five counts. Upon the trial, William Dannenfelser testified as follows: “Ques. How much [whisky] did you get? Ans. Well, I got a fourth of a pint; four of us got a pint.

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Appeal from Marion District Court. ON the 12th day of July, 1892, an information was filed in the district court of Marion county against A. D. Cullins, charging him with selling intoxicating liquor without first taking out and having a permit'as required by law. The information contained five counts. Upon the trial, William Dannenfelser testified as follows: “Ques. How much [whisky] did you get? Ans. Well, I got a fourth of a pint; four of us got a pint. “Q. Who were the four of you? A. Why, there was me, and, I think, George Ray, and Ed. Winters was one, and I think he was the other. “Q.…

1Opinion of the Court

The opinion of the court was delivered by

HORTON, C. J.:

The question in this ease is, whether the purchaser of liquor which is sold in violation of law is guilty of unlawfully selling the same; that is, whether, by purchasing, he counsels, aids or abets in the unlawful sale, and may be convicted in the same manner as if he were the principal. The precedents are against the conviction of the purchaser, although he knows that the circumstances will render the sale of the liquor illegal. (1 Bish. Cr. Law, § 657; Black, Intox. Liq., § 381, and the cases cited; The State v. Rand, 51 N. H. 361;…

2Cases cited1 opinion

  1. Wakeman v. ChambersSupreme Court of Iowa · 1886

3Cited by15 opinions

  1. State v. OsburnSupreme Court of Kansas · 1973
  2. State v. MunsonSupreme Court of Kansas · 1922
  3. Lott v. United StatesCourt of Appeals for the Ninth Circuit · 1913
  4. United States v. FarrarDistrict Court, D. Massachusetts · 1930
  5. People v. GalliCalifornia Court of Appeal · 1924

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