State v. Smith
Supreme Court of Kansas
Appeal from Pratt District Court. On the 14th day of September, 1892, an information was filed against A. B. Smith, charging him with a violation of the prohibitory liquor law in selling certain liquors without a permit. Trial had on the 25th of November, 1892.' The jury returned a verdict of guilty, and the district court sentenced the defendant to pay a fine of $100, and to be imprisoned in the jail of Pratt county for the period of 90 days.
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Appeal from Pratt District Court. On the 14th day of September, 1892, an information was filed against A. B. Smith, charging him with a violation of the prohibitory liquor law in selling certain liquors without a permit. Trial had on the 25th of November, 1892.' The jury returned a verdict of guilty, and the district court sentenced the defendant to pay a fine of $100, and to be imprisoned in the jail of Pratt county for the period of 90 days. The costs of prosecution were also adjudged against the defendant, and he was required to stand committed until the fine and costs were paid. The facts…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
The errors alleged in this case concern the giving and refusing instructions to the jury. The instructions given are criticised, and the statement of the trial court “that a sale in law is the transmutation of personal property from one person to another for a price” is urged as being inapplicable and unintelligible. The court evidently used the word “transmutation” as “change” or “exchange.” The word “transmutation” is sometimes defined as' “the change of one species into another; the change from one nature, form or substance into…
2Cases cited1 opinion
- State v. MortonMissouri Court of Appeals · 1890