State v. Sweezer

Citations

• 112 Kan. 818
• 212 P. 661
• 1923 Kan. LEXIS 494

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Liquor Law — Persistent Violator — Qualifications of Justice of the Peace— Evidence. In a prosecution of one charged with being a persistent violator of the prohibitory liquor law, where the evidence shows that the previous conviction was before a justice of the peace, the state is not required to introduce the records showing the nomination, election, and qualification . of the justice of the peace.</p> <p>2. Same — Former Conviction — Admission of Defendant — Instruction. In a criminal prosecution where the state offers evidence tending to establish a material element of the offense, and the defendant takes the witness stand and in his testimony admits all the facts necessary to establish the element of the offense in question, it is not error for the court to tell the jury in his instructions that the defendant has admitted that element of the offense, and that they should have no trouble in reaching a determination on that element of the offense.</p> <p>3. Same. Evidence examined, and held sufficient to support the verdict.</p>