State v. Dollar

Citations

• 88 Kan. 346
• 128 P. 365
• 1912 Kan. LEXIS 66

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Intoxicating Liquors—Evidence—Receipts of Carloads of Beer. On a trial upon the charge of selling intoxicating liquor in violation of law it is competent to show that the accused ordered and received eight to twelve carloads of beer at the railroad station in the town, where, as was claimed, they did the unlawful business, for any period within two years before the commencement of the action.</p> <p>2. -Evidence—Government Internal Revenue Receipts. It is also competent in such action to show that the accused, during all or a portion of the two years preceding the commencement of the action, had procured internal revenue receipts as wholesale malt liquor dealers, setting forth the names to whom issued, the place the business is to be conducted, and the time of the issuance thereof.</p> <p>3. Evidence—Papers Found in Place ofBusiness. In such case, after a witness has testified to buying beer repeatedly in cases and half-barrels, it is competent to introduce papers which are shown to have been found in the place of business of such witness, and which purport to evidence the payment to accused for liquors received from time to time and during the time testified to by the witness and within two years prior to the commencement of the action.</p> <p>4. Judicial Notice—Location of Cities and Towns. In such case, where the question of sufficiency of proof of venue is ' first raised on appeal, this court may take judicial notice of the fact that certain incorporated cities and towns are located in certain counties, and also, from evidence of certain directions and distances in establishing the location of certain places with reference to said cities and towns, that said places are also within the boundaries of said counties.</p>