State v. Miller

Citations

• 63 Kan. 62
• 64 P. 1033
• 1901 Kan. LEXIS 94

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Continuance — Absent Witness A party who seeks a continuance on account of an absent witness must show that he has used the ordinary means provided by statute to obtain the testimony of such witness; and the failure to employ such means, when they are practicable and would be effectual, will, as a general rule, be fatal to an application for a continuance.</p> <p>2. Intoxicating Liquors — Nuisance—Testimony. A complaint contained two counts charging unlawful sales of intoxicating liquors on a certain day, and also one charging that defendant maintained a place where such liquors were unlawfully sold. On the first trial there was, in effect, an acquittal on the second count, and afterward, upon appeal, there was another trial on the third count. Held, that the acquittal on the second count did not preclude the use of the evidence of unlawful sales on the day named in that count to sustain the third count, which charged defendant with maintaining a nuisance.</p> <p>3. -Paraphernalia in Evidence. The fact that bottles, glasses, liquors and other articles may have been taken by an officer from the possession of the defendant in an unauthorized search of his premises does not constitue a valid objection to the admissibility of such articles in evidence against him, if they are otherwise pertinent and competent.</p>