City of Fort Scott v. Dunkerton

Citations

• 78 Kan. 189
• 96 P. 50
• 1908 Kan. LEXIS 30

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Criminal Pleadings — Motion to Quash Complaint Containing Several Counts. A motion to quash directed at an entire complaint containing several counts, some of which are bad, can not be sustained if the complaint contains one good count.</p> <p>2. -Objection to the Introduction of Evidence. An objection, made when the first witness is about to testify, to the admission of any testimony is not a proper method of testing the sufficiency of a criminal accusation. '</p> <p>3. - Sufficiency Attacked after Verdict — Concurrence of Time — Surplusage.- After a conviction upon a charge of maintaining a nuisance at a. certain place on certain days, judgment will not be arrested because it was alleged in the complaint that the defendant kept a place where intoxicating liquors were and are sold and where persons were and are permitted to resort for the purpose of drinking such liquors. The words “and are” may be treated as surplusage.</p> <p>4. - Intoxicating Liquors — Nuisance—Negative Averment —Dwelling-house. In a charge of keeping and maintaining a nuisance it is not necessary to include the negative averment that the place kept and maintained is not a dwelling-house.</p>