(DOWNLOAD) "State v. Erhart" by Supreme Court of Kansas # Book PDF Kindle ePub Free
eBook details
- Title: State v. Erhart
- Author : Supreme Court of Kansas
- Release Date : January 06, 1954
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 52 KB
Description
The opinion of the court was delivered by These are criminal cases. Since the appellants were prosecuted
under one information and since the legal questions
[176 Kan. 590]
raised by them in their separate appeals are identical the cases
may be disposed of in one opinion. The information was in two
counts. Each count charged both of the appellants in count one
with the possession of alcoholic liquors on premises licensed for
the sale of cereal malt beverages; count two, the sale of cereal
malt beverages on Sunday. The offenses were charged to have been
committed on September 6, 1953, which was a Sunday. Upon being
arraigned each of the defendants entered a plea of not guilty.
When the case was called for trial the county attorney made the
opening statement and counsel for defendants asked the state to
elect under which statute the prosecution was laid and the county
attorney elected to proceed under 41-2704 of the 1951 Supp. to
G.S. 1949, the pertinent parts of which read as follows:
"In addition to the requirements of this act the
board of county commissioners of any county of the
state of (or) the governing body of any city may
prescribe hours of closing, standards of conduct, and
rules and regulations concerning the moral, sanitary
and health conditions of the places licensed and may
establish zones within which no place of business may
be located not inconsistent with the provisions of
this act: Provided, That no cereal malt beverages
may be sold . . . on Sunday. . . . No person shall
have any alcoholic liquor in his possession while in
said place of business. (G.S. 1949, § 41-2704; L.
1951, ch. 302, § 1; June 30.)" (Emphasis supplied.) Defendants moved to be discharged upon the ground that the
section relied upon by the state is not a penal section. For the
penalty the state relied upon G.S. 1949, 41-2711, which is a part
of the same act above mentioned and which in substance provides:
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