State v. Berger

Citations

• 97 Kan. 366
• 155 P. 40
• 1916 Kan. LEXIS 301

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Liquor Nuisance — Information — Misdescription of Premises — Not Prejudicial. An information charged the maintenance of a nuisance in a frame building on a location sufficiently described. The amended information recited that the nuisance was maintained in a concrete building, the location being exactly the same. Held, that the misdescription of the materials out of which the building was constructed did not prejudice the defendant’s rights and the quashing of the amended information under such circumstances was forbidden by subdivision 7 of section 110 of the criminal code.</p> <p>2. Plea in Abatement — Demurrer Properly Sustained. A demurrer to a plea in abatement is properly sustained when the facts alleged in the plea contradict the record.</p> <p>3. LIQUOR Nuisance — Competent and Sufficient Evidence. Where the defense was' that the place where the alleged nuisance was being maintained was only a lodge room where the members occasionally had a keg of beer on tap, the evidence of the officer serving the warrant, which showed the situation of the premises, the crowd, the liquors and paraphernalia of the place, and the presence of the defendant and his acts, was competent although the information may have been filed the day before the officer served the warrant.</p> <p>4. Same — Former Decision Distinguished. The case of Topeka v. Chesney, 66 Kan. 480, 71 Pac. 843, distinguished.</p>