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Supreme Court of Kansas· 12/10/1910

State v. Roach

Citations

  • 83 Kan. 606
  • 112 P. 150
  • 1910 Kan. LEXIS 591

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Judgments — Res Judicata — Acquittal in Criminal Action. An. acquittal upon a criminal charge is not a bar to a civil action brought against the defendant by the state, although in order to recover it must prove him to have been guilty of the offense.</p> <p>2. -Injunction — Liquor Nuisance — Former Adjudication. In an action by the state to enjoin the maintenance of a place where intoxicating liquors are unlawfully sold it is error to render judgment for the defendant upon the ground that under the same evidence he had already been acquitted of a criminal charge of maintaining such a place.</p>

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • noting that, in an injunction action, evidence of a prior acquittal for selling intoxicating liquors was inadmissible because different standards of proof in criminal and civil trials make criminal verdicts inadmissible in a civil trial based on the same occurrence.

Source: CourtListener parenthetical corpus (CC0).

Judges: Mason

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12 cases in this archive cite this case.

Cites

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