State v. Stark

Citations

• 63 Kan. 529
• 66 P. 243
• 54 L.R.A. 910
• 1901 Kan. LEXIS 179

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Intoxicating Liquors — Common Nuisance — Abatement. All places where intoxicating liquors are sold or kept for sale, or places where persons are permitted to resort for the purpose of drinking the same, are declared by statute to be common nuisances. This fact, however, does not justify their abatement by any person or persons without process of law. They can be abated only by a prosecution instituted in behalf of the public by the proper officer. The destruction or injury of property used in aid of the maintenance of such nuisances, except in the manner provided by the statute, is a trespass.</p> <p>2. Criminal Practice — Change of Venue. A change of venue in a criminal prosecution is a wrong to the public unless the necessities of justice to the accused require it. Prejudice on the part of a judge must clearly appear. A prima facie showing of prejudice is insufficient. The case of City of Emporia v. Volmer, 12 Kan. 622, followed,</p> <p>3. Misdemeanors — Accessaries. In the commission of a misdemeanor there are no accessaries. All persons aiding or counseling are principals.</p>