State v. White

Citations

• 71 Kan. 356
• 80 P. 589
• 1905 Kan. LEXIS 144

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Intoxicating Liquors — Kept for One’s Own Use. It is not an offense under the laws of this state for a person not authorized to sell intoxicating liquors to keep them for his own use, but such a person cannot keep such liquors except in a dwelling-house not used in connection with a place of business without making out a prima facie case that they are kept for unlawful purposes.</p> <p>2. Criminal Procedure — Plea of Former Jeopardy. Ordinarily former jeopardy must be pleaded in bar of further prosecution, and such plea must be interposed upon arraignment, before pleading to the merits. If, however, upon a second trial of the same action it be claimed that the accused was put in jeopardy by the first proceeding, and the record itself discloses all the facts, they need not be pleaded anew, nor proved aliunde. Upon the question’s being raised the court will take cognizance of such facts from the record, and determine their proper legal effect as if upon demurrer to a plea reciting them.</p> <p>3. - Privilege May be Waived. The immunity from second jeopardy granted by the constitution to one who is accused of crime is a personal privilege which he may waive.</p> <p>4. -Privilege Held Waived. If a person about to be placed in jeopardy a second time do not, in some legal form, insist upon his constitutional privilege before entering upon a trial of the merits, the privilege is waived.</p> <p>5. Practice, District Court — Disagreement of Jury — Jurisdiction. The court does not, after a disagreement of the jury in a criminal case, lose jurisdiction to proceed with a second trial because the record of the prior proceedings contains facts sufficient to establish former jeopardy.</p>