State v. Fleming
Supreme Court of Kansas
Appeal from, Cowley District Court- The following complaint or information, (omitting court and title,) was filed in the district court of Cowley county: “ In the name, by the authority and in behalf of the state of Kansas, I, F. S. Jennings, county attorney of Cowley county, Kansas, come now here and give the court to understand and be informed— “That John Fleming, at and within the county of Cowley, in the state of Kansas, and at and in a one-story frame building situated…
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Appeal from, Cowley District Court- The following complaint or information, (omitting court and title,) was filed in the district court of Cowley county: “ In the name, by the authority and in behalf of the state of Kansas, I, F. S. Jennings, county attorney of Cowley county, Kansas, come now here and give the court to understand and be informed— “That John Fleming, at and within the county of Cowley, in the state of Kansas, and at and in a one-story frame building situated on lot No. ten, in block No. one hundred and twenty-eight, in the city of Winfield, in said county and state, and on, to…
1Opinion of the Court
*590The opinion of the court was delivered by
Horton, C. J.:
The principal question in this case is, whether a physician having no druggists’ permit can under the statute lawfully furnish intoxicating liquor to his patient, who is actually sick, needing the liquor as a medicine, and receive pay therefor ? It is insisted: First, that the administering of liquors as a medicine to a patient by a physician who receives pay for the same, cannot properly be denominated a sale; second, that it was not the intention of the legislature, in passing the prohibitory liquor law, to interdict a physician from…
2Cases cited8 opinions
- Intoxicating-Liquor CasesSupreme Court of Kansas · 1881
- Wright v. PeopleIllinois Supreme Court · 1881
- State v. . WraySupreme Court of North Carolina · 1875
- City of Salina v. SeitzSupreme Court of Kansas · 1876
- Acker v. McCulloughIndiana Supreme Court · 1875
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Chapman v. BoyntonDistrict Court, D. Kansas · 1933
- People v. BellMichigan Supreme Court · 1912
- State v. StellMissouri Court of Appeals · 1929