State v. Perello

Citations

• 102 Kan. 695
• 171 P. 630
• 1918 Kan. LEXIS 122

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. “Bone-dry Law” — Information—Negative- Allegations. In an information charging the violation of section 1 of the “bone-dry law” (Laws 1917, ch. 215), making it unlawful “for any person to keep or have in his possession . . . any intoxicating liquors ... or to give away or furnish intoxicating liquors to another, except druggists or' registered pharmacists as hereinafter provided,” it is not necessary to allege that the defendant was not a druggist or registered pharmacist.</p> <p>2. Same. A negative averment of the matter of an exception oh proviso in a penal statute is hot necessary in an information, unless such matter enters into and becomes a material part of the description of the offense.</p>