City of Topeka v. Briggs

Citations

• 90 Kan. 843
• 135 P. 1184
• 1913 Kan. LEXIS 316

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Intoxicating Liquors — Evidence—Records of United States Rev.enue Collector. In a prosecution by a city for maintaining a place where intoxicating liquors are unlawfully kept and sold an authenticated copy of the records of the United States internal revenue office showing that the accused had paid a tax as a retail liquor dealer is competent evidence. The possibility that some one else may have paid the tax and obtained a receipt without the knc-wledge or consent of the accused did not render the evidence incompetent.</p> <p>2. Trial — Police Court — Indorsing Names of Witnesses on Complaint — Unnecessary. The process and proceedings in a police court in cities of the first class are governed by the law regulating proceedings in justice court in criminal cases, and in an appeal from a conviction in the police court no error was committed by the district court in refusing to require the prosecution to indorse the names of witnesses on the complaint.</p> <p>S. City Attorney — Arguments—Refusal of Accused to Testify. A statement by the city attorney that certain material testimony offered in behalf of the city had not been contradicted does not violate the statutory rule which prohibits the prosecuting attorney from referring to the neglect or refusal of the accused in giving testimony in his own behalf.</p>