State v. Ellvin
Supreme Court of Kansas
Appeal from MoPherson Distriot Court. At the October term, 1892, Neis Ellvin was convicted of selling intoxicating liquors unlawfully; and the court adjudged that he should be imprisoned 45 days in the county jail, and pay a fine of $250 and the costs of the case. He appealed. On March 26, 1893, the appellant died.
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Appeal from MoPherson Distriot Court. At the October term, 1892, Neis Ellvin was convicted of selling intoxicating liquors unlawfully; and the court adjudged that he should be imprisoned 45 days in the county jail, and pay a fine of $250 and the costs of the case. He appealed. On March 26, 1893, the appellant died. Counsel for the appellant moved for a dismissal of the action, but this court directed the record to be amended by making the administratrix of the estate of the deceased a party, in order that the liability of the estate for the costs of the prosecution might be determined. The…
1Opinion of the Court
The opinion of the court was delivered by
Johnston, J.:
11 appeal — death review of juagOn October 7, 1892, Neis Ellvin was convicted of the unlawful sale of intoxicating liquors, and the judgment of the court was 45' days imprisonment in the county jail, and that he should pay a fine of $250 and costs. He appealed to the supreme court, and obtained a stay of the execution of the judgment by giving bond as provided in § 287 of 4he criminal code. Before the appeal was heard, and on March 26, 1893, the appellant died. Counsel for the appellant filed a motion for dismissal, but, upon the…
2Cases cited6 opinions
- State v. BrooksSupreme Court of Kansas · 1885
- In re BoydSupreme Court of Kansas · 1886
- State v. FisherSupreme Court of Kansas · 1887
- State v. BaxterSupreme Court of Kansas · 1889
- State v. BjorklandSupreme Court of Kansas · 1885
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- In Re TalleyCourt of Criminal Appeals of Oklahoma · 1910
- State v. JonesSupreme Court of Kansas · 1976
- United States v. PomeroyU.S. Circuit Court for the District of Southern New York · 1907
- Bryan v. StateSupreme Court of Florida · 1899
- Ex Parte CoffeltCourt of Criminal Appeals of Oklahoma · 1951
9 more not listed; retrieve them via the Exa API.