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In re McKenna

Citations

  • 97 Kan. 153
  • 154 P. 226
  • 1916 Kan. LEXIS 248

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Liquor Laws — Information-—-Fails to State Public Offense. Under the intoxicating liquor law of this state, an information charging one with unlawfully selling “certain liquids,”- without in any way charging that the liquids sold were spirituous, malt, vinous, fermented or • intoxicating liquors, does not state an offense.</p> <p>2. Habeas Corpus — -Defective Information — Habeas Corpus Improper Remedy. A writ of habeas corpus will not issue to release one from the custody of an officer who holds the petitioner under a warrant issued on an information which does not state any offense under the laws of this state, where by amendment the information can be made to state an offense and where the petitioner asks no relief of any kind of the court in which the information is filed.</p>

Judges: Marshall

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