State v. Brooks

Citations

• 74 Kan. 175
• 85 P. 1013
• 1906 Kan. LEXIS 29

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Statutory Construction — Title of an Act — Comprehensiveness. The title “An act to prohibit the manufacture and sale of intoxicating liquors, except for medical, scientific and mechanical purposes, and to regulate the manufacture and sale thereof for such excepted purposes,” is broad enough to cover a provision for the appointment of assistants to the attorney-general to prosecute offenses against the statute in case of the failure of the county attorney to do so.</p> <p>2. New Trial — Failure of Defendant to Testify — Consideration by the Jury. To justify a reviewing court in ordering a new trial in a criminal case because of- the infraction of the statutory rule that the omission of the defendant to testify shall not be considered by the jury, it must conclusively appear that the jury or some one of them in arriving at a verdict gave weight to the fact that the defendant did not take the stand in his own behalf, as a circumstance tending to establish his guilt.</p> <p>3. Intoxicating Liquors — Nuisance—Knoivledge of Owner of Building — Evidence. In a prosecution against the owner of a building for knowingly permitting its use in maintaining a nuisance, the state, after introducing sufficient evidence to justify a finding that the building was so used, may then, as tending to bring knowledge of that fact home to the defendant, show that it had the general reputation in the community of being used for that purpose.</p>