State v. Stevens

Citations

• 68 Kan. 576
• 75 P. 546
• 1904 Kan. LEXIS 147

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Intoxicating Liquors — Common Nuisance. Section 4, chapter 165, Laws of 1887 (Gen. Stat. 1901, §2463), prescribing punishment for the owner or keeper of a common nuisance, was repealed by section 1, chapter 232, Laws of 1901 (Gen. Stat. 1901, § 2493), prescribing punishment for the person engaged in maintaining or assisting in maintaining a common nuisance.</p> <p>2. -Information Sufficient. On February 12, 1901, an information was filed against defendant, intended to charge him . with being the owner or keeper of a common nuisance under section 4, chapter 165, Laws of 1887 (Gen. Stat. 1901, § 2463). On April 22,1903, upon motion of the defendant, the information was quashed, as being indefinite in the crime charged and in the location of the place. The state was permitted to file an amended information under said section 4 of chapter 165. Defendant filed his motion to quash the amended information, and also filed a plea in abatement, averring, in substance, that said amended information was indefinite and charged no public offense; that it was a departure from the original information; that said section 4 of chapter 165 was repealed by said section 1 of chapter 232; that at the time said amended information was filed no legal proceeding had been commenced or was, pending against him. Held, that there was no error in the overruling of the motion to quash said amended information or in sustaining the demurrer of the state to said plea in abatement; that the averments of the original information were sufficient; that a proceeding was commenced and pending, within the meaning of section 7342, General Statutes of 1901, and that under said section 7342 the right survived to the state, under the order of the trial court, to amend the original information and prosecute the defendant under the information^ as amended, for a violation of section 4, chapter 165, Laws of 1887 (Gen. Stat. 1901, §2463).</p> <p>3. - Jury and Jurors — Challenge