State v. Macek

Citations

• 104 Kan. 742
• 180 P. 985
• 1919 Kan. LEXIS 350

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Liquor Law — Information—Permitting Others to Keep Liquor on Premises — “Persistent Violator.” An information containing appropriate recitals to warrant the classification of a defendant as a persistent violator of the prohibitory law, and charging that he' did unlawfully permit another person to have and keep intoxicating liquors on premises controlled by defendant, is not subject to a motion to quash.</p> <p>'2. Same — Information—Description of Premises. A place where intoxteating liquors were unlawfully kept was sufficiently described as “Lot No. 46 in the original town of Ringo, Crawford county, Kansas.”</p> <p>3. Same — No Second Jeopardy. A defendant who has been acquitted of a charge of unlawfully keeping and having in his possession intoxicating liquors is not put in jeopardy a second time for that offense by being afterwards prosecuted on the charge of permitting another person to have and keep intoxicating liquors on premises controlled by defendant, although the time and the place were the same in the second offense charged as in the first.</p> <p>4. Same — Various Offenses — Pending 'at Same Time. The fact that a defendant has been bound over by a justice of the peace to answer in the district court for various offenses under the intoxicating liquor acts does riot prevent further proceedings being taken against him before that justice, or another justice. Defendant may be subjected’to further arrests, and subsequently bound over, far other and additional offenses against the prohibitory law, or for any other violations of the crimes act.</p> <p>5. Same — Transcript from Justice Court. No prejudice occurred to defendant in filing in the district court a transcript of the proceedings in the justice court ten days before those proceedings were formally certified.</p> <p>6. Same — Filing of Verdict. . A verdict, duly recorded, is valid, although it does not show the date upon which it was filed.</p> <p>7. Same — “Bone-dry