State v. Lewis

Citations

• 63 Kan. 265
• 65 P. 258
• 1901 Kan. LEXIS 132

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Intoxicating Liquors — Proof of Nuisance. Under section 2463 of the General Statutes of 1901, being the nuisance sectioq of the prohibitory liquor law, a conviction may be had. of a person who keeps, owns or maintains a place where intoxicating liquors are kept for sale, barter or delivery in violation of the act, without proof of actual sales made by him.'</p> <p>2. - Complaint and Conviction Upheld. A county attorney filed a complaint, verified by him on information and belief, charging the defendant with keeping and maintaining a common nuisance, under section 2463 of the General Statutes of 1901. At the same time an affidavit of the prosecuting witness was filed describing a place where intoxicating liquors were sold and kept for sale, and stating that it contained a. bar, counter, bottles, glasses, beer, and whisky. The keeper of the place was not named. Held, that a conviction of the owner or keeper, under the statute mentioned, must be upheld.</p> <p>3. - Cases Distinguished. The cases of The State v. Moseli, 49 Kan. 142, 30 Pac. 189, The State v. Nulty, 47 id. 259, 27 Pac. 995, and The State v. Hescher, 46 id. 534, 26 Pac. 1022, distinguished.</p>