State v. Schoenthaler
Supreme Court of Kansas
Appeal from Ellis district court; Lee Monroe, judge. STATEMENT. The defendants were the keepers of a lunch-counter and restaurant.
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Appeal from Ellis district court; Lee Monroe, judge. STATEMENT. The defendants were the keepers of a lunch-counter and restaurant. Acting under a writ authorizing him to search and seize intoxicating liquors and appliances used in keeping and selling them, issued against one Neis Ballieu, the sheriff found in the defendants’ place of business 374 quart bottles of liquid labeled “All Hail” and “Malt Mead,” the latter bearing the manufacturer’s label of the Pabst Brewing C.ompany, of Milwaukee, and the former the label of the Val. Blatz Brewing Company, also of Milwaukee, and nine quart bottles…
1Opinion of the Court
The opinion of the court was delivered by
Ellis, J. :
The verdict of acquittal as to the first five counts did not absolve the defendants from their amenability under the sixth, because, as applied to this case, the gist of the offense there alleged is the main*151tenance of a place where intoxicating liquors are kept with an unlawful intent; and while evidence of actual sales of such liquors is admissible as tending to prove such intent, such sales do not of themselves constitute the offense charged.
The contention that proper grounds for the admission of the testimony of Professor Cady, as an…
2Cases cited14 opinions
- Doyle v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1888
- Commonwealth v. GoodmanMassachusetts Supreme Judicial Court · 1867
- People v. HulbutNew York Supreme Court · 1847
- Commonwealth v. BriantMassachusetts Supreme Judicial Court · 1886
- Commonwealth v. HayesMassachusetts Supreme Judicial Court · 1887
9 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- State v. DollarSupreme Court of Kansas · 1912
- Chapman v. BoyntonDistrict Court, D. Kansas · 1933
- State v. BergerSupreme Court of Kansas · 1916
- State v. CopelmanSupreme Court of Kansas · 1922
- State v. SamuelsSupreme Court of Kansas · 1946