State v. White

Citations

• 83 Kan. 416
• 111 P. 437
• 1910 Kan. LEXIS 548

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Intoxicating Liquors — Possession —• Evidence — “Dwelling House.” Upon an information for maintaining a nuisance in violation of the prohibitory liquor law, instructions giving in substance the rule of evidence prescribed by the statute (Gen. Stat. 1909, § 4396) were not erroneous as applied to the facts shown by the evidence, although the court limited the term “a dwelling house,” as used in the statute, to the defendant’s dwelling house.</p> <p>2. -Information■ — Immaterial Variance from Statutory Language — “Resort”—“Permitted to Resort.” Where no objection was made to an information for maintaining a nuisance in which it is charged that the defendant kept and maintained a place where persons “resorted” for the purpose of drinking intoxicating liquors as a beverage, instead of a place where persons were “permitted to resort” for such purpose (the language of the statute), and the case was tried and instructions were given in all respects as would have been done if the precise words of the statute had been used, the defendant was not prejudiced and the variance is immaterial.</p>