Legal Opinion

State v. Thompson

Supreme Court of Kansas

Decided February 15, 1864PublishedCited by 20 opinions

Criminal Appeal from Shawnee County. Facts in tlie case relative to the points decided appear in the opinion of the Court. In addition to the facts therein contained the copy of the indictment following is inserted: “In the District Court Third Judicial District, State of Kansas, sitting in and for the County of Shawnee in said State of Kansas, of the November Term, in the year of our Lord one thousand eight hundred and sixty-two. “The State oe Kansas vs. Jas.

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Criminal Appeal from Shawnee County. Facts in tlie case relative to the points decided appear in the opinion of the Court. In addition to the facts therein contained the copy of the indictment following is inserted: “In the District Court Third Judicial District, State of Kansas, sitting in and for the County of Shawnee in said State of Kansas, of the November Term, in the year of our Lord one thousand eight hundred and sixty-two. “The State oe Kansas vs. Jas. Thompson & Jackson Thompson. “The State oe Kansas, Shawnee County, “ The jurors of the grand jury of the County of Shawnee and State…

1Opinion of the Court

By the Cmrí,

JKingman, J.

The defendants were indicted in Shawnee County for a violatipnpf the law “ to restrain dram shops and taverns and regulate, the sale of intoxicating liquors.” ■

A motion was made to- quash the indictment on two grounds.

1st. That the indictment does not charge that the offense was not committed within the limits of an incorporated city'containing one thousand inhabitants.

2d. The statute on which'the indictment is founded, is unconstitutional.

The motion was sustained and the indictment quashed. The State brings the case to this Court for revision.

The first of the causes…

2Cited by20 opinions

  1. Cutting v. TaylorSouth Dakota Supreme Court · 1892
  2. Smythe v. StateCourt of Criminal Appeals of Oklahoma · 1909
  3. People ex rel. Dean v. Board of County CommissionersSupreme Court of Colorado · 1882
  4. King v. WilsonSupreme Court of Kansas · 1915
  5. City of Kansas v. GarnierSupreme Court of Kansas · 1896

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