State v. Miller

Citations

• 92 Kan. 994
• 142 P. 979
• 1914 Kan. LEXIS 359

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Liquor Laws — What Liquors are Intoxicating under the Statute. Under sections 1 and 4 of chapter 164 of the Law's of 1909, relating to intoxicating liquors, any spirituous, malt, vinous or fermented liquors shall be construed and held to be intoxicating liquor, and any other liquor which is intoxicating in fact shall be construed and held to be intoxicating liquor.</p> <p>2. Same — Test to Determine Whether Liquor is Intoxicating Within the Statute. The test to be applied in determining whether or not the sale and keeping for sale of liquors other than those specifically mentioned in the statute is prohibited is this: If the liquor in question be of such a kind that the distinctive character and effect of intoxicating liquor be absent, it is outside the statute; if the distinctive character and effect of intoxicating liquor be present, it is within the statute. The fact is to be determined by the jury, or by the court sitting as a trier of the facts.</p> <p>3. Same — Earlier Interpretations of Liquor Laws Abrogated by Subsequent Statutes. The classification of liquors made in the decision in the Intoxicating-Liquor Cases, 25 Kan. 751, interpreting the intoxicating-liquor law of 1881, and the definition of intoxicating liquor which that law contained, was abrogated by the statute of 1909.</p> <p>4. Same — “Intoxicating Liquors” — Statutory Construction. When the statute of 1909 became effective the words “intoxicating liquors,” wherever used in the intoxicating-liquor laws, became impressed with the signification given them by that statute.</p> <p>5. Same — “Jamaica Ginger” an Intoxicating Liquor. The evidence examined, and held to be sufficient to sustain a finding that Jamaiea ginger is an intoxicating liquor, notwithstanding it has a medicinal use, the formula for its preparation is given in the United States dispensatory, and it is there classified with lemon, vanilla, cinnamon, cloves, camphor, cologne, paregoric, wintergreen,