State v. Lackey
Supreme Court of Kansas
Appeal from Marion district court; Oscar L. Moore, judge. statement. The defendants were tried jointly, and each was convicted on two counts for selling intoxicating liquors in violation of the prohibitory liquor law, at Peabody, on the 10th of September, 1904. The information contained seven counts, the first six charging unlawful sales and the seventh the maintenance of a nuisance.
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Appeal from Marion district court; Oscar L. Moore, judge. statement. The defendants were tried jointly, and each was convicted on two counts for selling intoxicating liquors in violation of the prohibitory liquor law, at Peabody, on the 10th of September, 1904. The information contained seven counts, the first six charging unlawful sales and the seventh the maintenance of a nuisance. The seventh count was disposed of by the court on a motion to quash, and the jury returned a verdict of not guilty as to the first four counts, and guilty as to the fifth and sixth, the prosecution having elected…
1Opinion of the Court
The opinion of the court was delivered by
Smith, J.:
The first and second assignments, of error are based upon the admission of the evidence of one Heath, over the objection of defendants, that he obtained certain bottles of liquid from the under-sheriff, who seized some filled bottles at the time of the arrest; that he took them to Professor Lovewell to be analyzed and remained until the work was done, and had had the bottles in his possession ever since, producing two bottles which he said were the same. Professor Lovewell was called as a witness in regard to the analysis, and on objection…
2Cases cited8 opinions
- City of Sedan v. ChurchSupreme Court of Kansas · 1883
- State v. AbbottSupreme Court of Kansas · 1902
- State v. SmithSupreme Court of Kansas · 1886
- State v. StickneySupreme Court of Kansas · 1894
- Clark v. NormanSupreme Court of Kansas · 1880
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- State v. MillerSupreme Court of Kansas · 1913
- State v. SmithSupreme Court of Kansas · 1923
- State v. ArmstrongSupreme Court of Kansas · 1987
- Claflin v. StateSupreme Court of Kansas · 1941
- State v. StachSupreme Court of Kansas · 1924
4 more not listed; retrieve them via the Exa API.