State v. Schmidt

Citations

• 92 Kan. 457
• 140 P. 843
• 1914 Kan. LEXIS 253

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Persistent Violation of Prohibitory Law —Procedure— Sufficient Information. The act of 1911 making persistent violation of the prohibitory law a felony, being supplemental legislation, the procedure authorized by the general intoxicating liquor law governs, and an information for persistent violation need not state the kind of liquor sold or the name of the person to whom sold.</p> <p>2. Same — Plea of Former Conviction — Test — Identity of Offenses. In criminal cases the ultimate test applied in determining the validity of a plea of former conviction or former acquittal is identity of offenses, and it is not necessarily decisive that the two offenses may have some material fact in common.</p> <p>3. Same — Certified Copy of Court Record Prima Facie Proof of Former Conviction. Where the record of a previous conviction relied on to support a charge of persistent violation discloses that the conviction was for violation of the prohibitory liquor law the record is prima facie proof which warrants a finding of previous conviction without introducing the complaint or information on which it was based.</p>