The Advocate and news., 1898-05-25


/. Where an information contained largo
number OF counts each OF which charged
In general language n violation of the pro-
hibtOry liquor law, and where the testl-
mOny showed that numerous sales had been
made to the same party, and where the
county attorney, who has verified the In
formation "as true to the best OF his knowl-
edge and belief" testified that he had no.
tice and information concerning the sales
so testified TO by the other witnesses Held,
that an election to rely on the first sale
OF beer made to c., as to one count, and
on II second sale of beer to g. In another
count was sufficient.
q Where In such case the court instructed
the Jury that the county attorney, AZ the
prosecuting witness, in the absence OF any
evidence whatever as to his knowledge
Of the Offense charged was presumed to
possess such knowledge, but that such pre-
sumption might be OVerthrOWn by the teS-
timony, and that no conviction could be
had where the jury believed from the evil
dence that as to any Of the alleged sales
the county attorney had no notice or knowl-
edge, and where the instructions as a
whole clearly presented the law applicable
to the facts In the case: Held, that no
error was committed by the statement con-
Cerning the presumption Of knowledge on
the part Of the county attorney; and further
Held, that II was not material error to re-
fuse an instruction to the effect that when
the county attorney elected to rely upon the
first sale made to n particular indiVld-
ual, and the jury had reasonable doubt
as to which OF the several sales testified
to was In fact the first sale, II was the
duty of the jury to acquit the defendant as
to such sale.
3. Where the evidence showed many sales
at various times of intoxicating liquors
in the place described In the two nuisance
counts of the information, 1t was not error
to render judgment upon n verdict Of guilty
to each of such counts.
4. Section 2i2 OF the Criminal Code, which
authorizes a trial court to require party
who is convicted of any criminal Offense,
to give security to keep the peace or be Of
good behavior for term not exceeding
two years: Held, to be constitutional.
All the Judges concurrlng
Attest: W. o. CHAMPE,
lSeall Clerk.
BY E. L. Eaton, Deputy.
In the Kansas Court Of Appeals, Southern
Department, Eastern Division.
No. 44G
The City of Garnett, appellee,
Thomas Guynn, appellant.
Appeal from Anderson County.
REVERSED.
Syllabus BY the Court. Dennison, p. ].
/. A complaint should charge that an
offense has been committed by the de-
fendant.
2. A complaint which is not sworn to
positively Is defective and when the de-
fendant refuses to plead or to voluntarily
submit his person to the Jurisdiction of
the trial court his motion to quash the
complaint and set aside the warrant should
be sustained.
Milton, j., concurTing.
SchoonOVer, j., having been OF the counsel
not participating.
A true copy.
Attest: w. o. CHAMPE,
[Seall Clerk.
BY e. Il. Eaton, Deputy,
In the Kansas Court of Appeals, Southern
Department, Eastern Division.
No. 4GG.
The State of Kansas, appellee,
VS..
w. II. Pierce appellant.
Appeal from Cherokee County.
REVERSED.
Syllabus. BY the Court. Schoonover, J.
Where embezzlement is charged under
the last paragraph Of Section %, Chapter