City of Hutchinson v. Weems

The opinion of the court was delivered by

Price, J.:

The basic question in this case involves the construction of Section 93 of the Kansas liquor control act (Laws of 1949, chapter 242), now appearing as G. S. 1949, 41-804, making it unlawful to transport alcoholic liquor in an “open bottle,” except under certain conditions specified in the statute.

In the early morning hours of December 12, 1950, the 1941 Plymouth four-door sedan being driven by defendant collided with a truck which was parked on a street in the city of Hutchinson. Defendant and his two companions were thrown from the car,…