State v. Shafer
Supreme Court of Kansas
Error from Osage District Court. Complaint for violation of § 3 of the dramshop act. Plea, former conviction. Trial by the court, without a jury, at the October Term 1877. Finding, guilty. The defendant was sentenced to pay a fine of $100, and the costs of prosecution, and to stand committed until the same were paid — and he now brings the case here by appeal.
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Error from Osage District Court. Complaint for violation of § 3 of the dramshop act. Plea, former conviction. Trial by the court, without a jury, at the October Term 1877. Finding, guilty. The defendant was sentenced to pay a fine of $100, and the costs of prosecution, and to stand committed until the same were paid — and he now brings the case here by appeal. All necessary facts are stated in the opinion, infra. contended that the court erred in not sustaining the defense of “former conviction” — and in support of their theory of the law, they cited the following authorities: Commonwealth v.…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
Two complaints were filed, charging defendant with selling liquor without license to the same person at the same place, but on different days — one, on August 22d, and the other on August 27th. The complaints were in all respects alike except in the statement of the time of the commission of the offense. Shafer pleaded “guilty” to the first charge, and was fined, and then plead “former conviction” in bar of the last complaint. The complaining witness in the two prosecutions was sworn, and testified over the objection of the defendant, that…
2Cited by10 opinions
- State v. HealySupreme Court of Minnesota · 1917
- State v. PianfettiSupreme Court of Vermont · 1906
- In re BrownSupreme Court of Kansas · 1934
- People v. GaultMichigan Supreme Court · 1895
- Foran v. StateIndiana Supreme Court · 1924
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