City of Salina v. Laughlin

Decision Date07 February 1920
Docket Number22,424,22,450
Citation187 P. 676,106 Kan. 275
PartiesTHE CITY OF SALINA, Appellee, v. A. W. LAUGHLIN, Appellant. THE STATE OF KANSAS, ex rel. EDD MATHEWS, as Mayor of the City of Salina, etc., Appellee, v. A. W. LAUGHLIN, Appellant
CourtKansas Supreme Court

Decided January, 1920.

Appeals from Saline district court; DALLAS GROVER, judge.

Judgment affirmed.

SYLLABUS

SYLLABUS BY THE COURT.

1. LIQUOR LAW -- Appeal from Police Court -- Defective Transcript -- Waiver by Defendant. In the first of these cases, which was an appeal from a police court to the district court, an objection by the defendant to the introduction of evidence, upon grounds that related solely to alleged defects in the transcript, is held insufficient to raise the contention that the complaint had not been certified up by the police judge; and upon the facts stated in the opinion it is held that the defendant waived the want of certification.

2. SAME--Insufficient Evidence to Show a Nuisance. In the second case, which was brought by the state to enjoin the maintaining of a nuisance under the prohibitory law, it is held that the evidence was insufficient to sustain a judgment against the defendant.

Frank T. Knittle, and Ralph Knittle, both of Salina, for the appellant.

G. A. Spencer, A. R. Buzick, jr., and Thomas Mulloy, all of Salina, for the appellees.

OPINION

PORTER, J.:

These appeals raise different questions of law, but involve the same facts and were submitted together.

The appellant kept a restaurant at Salina. On the night of November 11, 1918, after the day's business was ended, the appellant and three friends retired to a rear room of the restaurant, turned out the lights, seated themselves about a table and remained until about midnight, when police officers demanded admission to the room. On this being refused, the officers broke down the door and entered. One of appellant's friends who attempted to escape was arrested, and a bottle of whisky was found in his possession. There was an odor of whisky in the room; there were four glasses on the table, and an empty whisky bottle near by. The appellant claimed that he and his friends were merely discussing a business proposition, but the circumstances disclosed by the evidence showed that they had been celebrating the news of the Armistice. In the police court the appellant was convicted on the charge of having liquor in his possession; he appealed to the district court where there was a judgment finding him guilty, and he was sentenced to pay a fine of $ 200 and to serve 30 days in the county jail.

The main point upon which appellant relies for reversal of that judgment is, that the complaint upon which he was tried in the district court was not certified up by the judge of the police court. In The State v. Anderson, 34 Kan. 116, 8 P. 275, it was held error to compel defendant to go to trial against his objection upon a complaint found among the papers of the case in the district court, which had not been certified to nor authenticated in any manner.

In The State v. English, 34 Kan. 629, 9 P. 761, it was held that where the defendant submits to trial without objection upon a complaint not certified to by the justice of the peace, but which was sufficient in other respects, he will be held to have waived the want of certification. We think the appellant waived it in this case. His objection to the introduction of evidence related solely to alleged defects in the transcript, which were that the transcript was not...

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5 cases
  • State v. Bernweiser
    • United States
    • Wyoming Supreme Court
    • October 23, 1928
    ... ... finding that the house was a nuisance. The house is located ... in the suburbs of the City of Sheridan, and occupied as a ... home by defendant who has no family. November 26 and 27, ... Patterson, 138 Mass. 498; State v. Stanley, 84 ... Me. 555, 24 A. 983; City of Salina v. Laughlin, 106 ... Kan. 275, 187 P. 676; State v. Jenkins, 66 Mont ... 359, 213 P. 590; ... ...
  • State v. Belisle
    • United States
    • Kansas Supreme Court
    • January 24, 1948
    ... ... the seal of said Court, at my office in the City of El ... Dorado, in said county and state, this 17th day of October, ... Thereafter ... Durein, 65 Kan. 700, 70 P. 601; State ... v. Plomondon, 75 Kan. 853, 90 P. 254; City of Salina ... v. Laughlin, 106 Kan. 275, 187 P. 676; State v ... Madden, 119 Kan. 263, 237 P. 663; and ... ...
  • State v. Brown, 45546
    • United States
    • Kansas Supreme Court
    • June 13, 1970
    ...for permission to correct the certification was made prior to trial and the magistrate was within his jurisdiction. In City of Salina v. Laughlin, 106 Kan. 275, 187 P. 676, a defendant went to trial in district court on an uncertified complaint without making an objection. On appeal this co......
  • United States v. Butler
    • United States
    • U.S. District Court — Eastern District of New York
    • January 4, 1922
    ... ... Liebman, ... Blumenthal & Levy, of New York City (Walter H. Liebman and ... David Levy, both of New York City, of counsel), for defendant ... S ... habitually, continually, or recurrently. City of Salina ... v. Langhlin, 106 Kan. 275, 187 P. 676; United States v ... Cohen, supra; Tuttle v. Church ... ...
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