Legal Opinion

State v. Miller

Supreme Court of Kansas

Decided July 15, 1882PublishedCited by 22 opinions

Appeal from, Davis District Court. Action brought by The State against Miller, for maintaining a common nuisance. At the March Term, 1882, of the district court, the defendant was tried, found guilty, and sentenced to pay a fine of $250 and the costs of the prosecution, and to stand committed to the county jail until the fine and costs were paid. From this judgment Miller appeals. The nature of the action, and the facts, appear in the opinion.

1Opinion of the Court

The opinion of the court was delivered by

Valentine, J.:

This was a criminal prosecution, brought by the state of Kansas against George L. Miller, in which the defendant was charged with keeping and maintaining a common nuisance, to wit, a place where intoxicating liquors were illegally kept for unlawful sale, barter and use, and without any permit therefor, and contrary to the statute in such cases made and provided. The action was commenced before a justice of the peace, and was afterward taken on appeal to the district court, where the case was again tried, before the court and a jury, and…

2Cases cited2 opinions

  1. Stout v. HyattSupreme Court of Kansas · 1874
  2. Atchison, Topeka & Santa Fé Railroad v. FranklinSupreme Court of Kansas · 1879

3Cited by22 opinions

  1. State v. StewartSupreme Court of Kansas · 1911
  2. State v. MillerSupreme Court of Kansas · 2018
  3. Rhea v. StateNebraska Supreme Court · 1901
  4. State v. BeuermanSupreme Court of Kansas · 1898
  5. State v. SorterSupreme Court of Kansas · 1893

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