State v. Tanner
Supreme Court of Kansas
Appeal from, Pawnee District Court. The facts appear in the opinion. Upon the close of the state’s evidence, the defendant moved the court, as to each count, to require the prosecution to elect on which sale, or proof of sale, it would stand in support of said count, each of which motions was at the time overruled. That the overruling of this request was prejudicial error, under the repeated decisions of this court, can, it seems to us, be no longer questioned.
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Appeal from, Pawnee District Court. The facts appear in the opinion. Upon the close of the state’s evidence, the defendant moved the court, as to each count, to require the prosecution to elect on which sale, or proof of sale, it would stand in support of said count, each of which motions was at the time overruled. That the overruling of this request was prejudicial error, under the repeated decisions of this court, can, it seems to us, be no longer questioned. See The State v. Q'immins, 31 Kas. 379; The State v. Burns, 35 id. 387; The State v. Schweiter, 27 id. 500; The State v. Guettler, 34…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
W. L. Tanner was convicted of selling intoxicating liquors upon 12 counts and sentenced to pay a fine of $100 and to 30 days’ imprisonment on each count. He appeals. The information, containing various counts, was filed under the provisions of ¶ 2527, Gen. Stat. of 1889, which reads:
“Any person without taking out and having a permit to sell intoxicating liquors, as provided in this act, or any person not lawfully and in good faith engaged in the business of a druggist, who shall directly or indirectly sell or barter any spirituous, malt,…
2Cases cited2 opinions
- State v. SchweiterSupreme Court of Kansas · 1882
- State v. WhisnerSupreme Court of Kansas · 1886
3Cited by5 opinions
- State v. BrowningSupreme Court of Kansas · 1915
- State v. TudorSupreme Court of Kansas · 1926
- Chapman v. BoyntonDistrict Court, D. Kansas · 1933
- State v. BurkettSupreme Court of Kansas · 1893
- State v. LookerSupreme Court of Kansas · 1894