State v. Shinn

Citations

• 63 Kan. 638
• 66 P. 650
• 1901 Kan. LEXIS 199

Syllabus

<p>SYLLABUS BY THE COURT.’</p> <p>1. Intoxicating Liquors — Information against Druggist. It is sufficient in an information against a druggist, pharmacist, or assistant pharmacist, for selling intoxicating liquors unlawfully, to charge that he held a permit; and it is not necessary to allege, in addition thereto, that he was at the time a druggist, pharmacist, or assistant pharmacist, as the allegation that he held such permit necessarily carries with it the legal presumption that he was entitled to hold it.</p> <p>2. -Offense Defined■ — Act Construed. To charge in an information that one holding a permit as druggist, pharmacist or assistant pharmacist sold intoxicating liquors to one whom he “ had good reason to believe desired the same to use as a beverage.’-’ charges no offense unless there is added thereto the further charge that the person purchasing did not, as a matter of fact, desire the' liquors to use in one of the lawful methods, and did not so use them. The offense consists not in what the seller may or may not believe about the transaction, if, as a matter of fact, the sale .and -purchase were for a legal purpose.</p> <p>3. -Habitual Drunkard Defined. An habitual drunkard, within the meaning of the statute making it an offense to sell liquor to such, is one who becomes commonly or frequently intoxicated, and not necessarily one who has so surrendered himself to the habit that he must drink to excess and become intoxicated whenever the temptation is presented and an opportunity afforded him to do so.</p>