State v. Shiffler

Citations

• 93 Kan. 618
• 144 P. 845
• 1914 Kan. LEXIS 482

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Liquor Law — “Persistent Violator” — Several Violations — Single Offense cmd Penalty. When called upon to prosecute a persistent violator of the prohibitory law under the statute relating to that subject (Laws 1911, ch. 165, § 1), the county attorney is not obliged to rest his case upon the evidence he may procure relating to 'some single violation occurring subsequent to a conviction. He may allege in a single count, or in several counts, as many subsequent violations as he may be informed of, and he may go to the jury, without being required to elect, upon all the proof he has. He must establish one to warrant a verdict of guilty, but any one will be sufficient, and whether he establish one or more than one, he has simply proved the defendant to be a persistent violator guilty of a single offense, or an entire offense, to which a single penalty is affixed.</p>