State v. King

Citations

• 92 Kan. 989
• 142 P. 296
• 1914 Kan. LEXIS 358

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Persistent Violation of Liquor Laws — Sufficient Complaint and Warrant. The portion of a charge contained in a complaint and warrant for persistent violation of the prohibitory law which states that the accused sold intoxicating liquor on a date within the statute of limitations sufficiently specifies the nature of that element of the accusation and authorizes the holding of a preliminary examination.</p> <p>2. Same — Preliminary Examination Waived — Findings of Examining Magistrate. If a preliminary examination be waived it is not necessary that the examining magistrate find that any particular transaction of sale has occurred, or that there is probable cause to believe the accused guilty of any particular transaction of sale, in order to hold the accused for trial.</p> <p>3. Same. Where upon waiver of preliminary examination the magistrate makes the usual findings and holds the accused, an information may be filed which charges the offense described in the warrant without the specification of any particular transaction of sale, and the accused may be placed on trial for such offense.</p>