State v. Turner

Citations

• 83 Kan. 183
• 109 P. 983
• 1910 Kan. LEXIS 492

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Evidence — General Reputation — Direct Evidence against the Accused. Evidence of previous good character is not to be rejected, or even disregarded, because the evidence against the accused is direct.</p> <p>2. Intoxicating Liquors — Purchase as Agent for Another, Who Advanced the Money. In a prosecution for a violation of the prohibitory law, where the defense is that the defendant purchased the liquor for others, who advanced him the money for that purpose, and that he merely acted as their agent, it is error for the court to refuse to give an instruction to find the defendant not guilty if the jury believed the evidence offered in support of such defense.</p> <p>3. -Purchase as Agent — Burden of Showing Where and from, Whom Defendant Got the Liquor. In a prosecution under the prohibitory law the state offered evidence that the defendant was requested by other persons to procure liquor for them, and received money from them therefor, and shortly afterward delivered the liquor to them. Held, that this made a prima fade case, and the demurrer to the evidence was properly overruled.</p>