State v. France
| Decision Date | 06 November 1937 |
| Docket Number | 33528. |
| Citation | 72 P.2d 1001,146 Kan. 651 |
| Parties | STATE v. FRANCE. |
| Court | Kansas Supreme Court |
Syllabus by the Court.
Evidence held to support a conviction for contempt for violating an injunction against the maintenance of a liquor nuisance in view of the statute as to possession as prima facie evidence (Gen.St.1935, 21-2139).
On a trial for contempt in violating an injunction against the maintenance of a liquor nuisance, evidence that defendant was convicted in 1927 of possessing intoxicating liquor was admissible to prove intention, inclination, and tendencies and its remoteness affected its weight rather than its admissibility.
Evidence of similar offenses is admissible to prove intention inclination, and tendencies.
On a trial for contempt in violating an injunction against the maintenance of a liquor nuisance, a certified copy of a record of the collector of internal revenue showing the issuance of a special tax stamp to defendant is admissible (Gen.St.1935, 60-2854).
Upon a hearing under a charge of contempt for maintaining a nuisance on certain premises in violation of an injunction, the record examined, and held: (a) The evidence was sufficient to sustain the judgment of conviction; (b) it was not error to introduce evidence of other offenses of a similar nature; (c) it was not error to introduce a certified copy of the records or the collector of internal revenue showing issuance of a special liquor dealer's tax stamp.
Appeal from District Court, Kingman County; George L. Hay, Judge.
W. H France was convicted of contempt, and he appeals.
Grey Dresie and John H. Gerety, both of Wichita, for appellant.
Clarence v. Beck, Atty. Gen., and Fred Hurd, Co. Atty., of Kingman for the State.
This is an appeal from a conviction upon a charge of contempt.
On September 23, 1935, an injunction was issued by the district court of Kingman county restraining the defendant and other persons from maintaining a nuisance on certain premises in violation of the prohibitory law. A written accusation charging the defendant with comtempt for violation of the injunction was filed by the county attorney and a hearing was held before the district court on April 19, 1937.
The evidence showed that the sheriff with other officers raided the premises which the defendant occupied, where he operated a filling station and upon which there was a liquor injunction. Upon the approach of the officers, defendant became very active and ran into the house from the back way and upstairs, followed closely by the sheriff who heard a crash of glass. In a room upstairs there was found broken glass resembling liquor bottles and a liquid on the floor having the odor of alcohol or liquor. In the search of the premises and buildings thereon about 60 pint and half-pint bottles of intoxicating liquor were found in secreted places. The defendant exhibited signs of nervousness...
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State v. Owen
... ... Hendren, 127 Kan. 497, 274 P. 274; ... State v. Dunkerton, 128 Kan. 374, 278 P. 57; ... State v. Turner, 128 Kan. 376, 278 P. 58; State ... v. Marr, 136 Kan. 602, 16 P.2d 469; State v ... Gwynne, 142 Kan. 13, 45 P.2d 849; ... [176 P.2d 568] ... State ... v. France, 146 Kan. 651, 72 P.2d 1001. We do not deem it ... necessary to repeat the facts in those cases. Unlike the ... present case the evidence of other similar offenses had ... probative value in those cases touching some element of the ... offense for which the defendant was on trial ... ...
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... ... People v. Peterson, 45 Cal.App. 457, 187 P. 1079; ... People v. Barbiere, 33 Cal.App. 770, 166 P. 812 ... A ... certified copy of a record of the collector of internal ... revenue showing the issuance of a special tax stamp to ... defendant is admissible. State v. France, 146 Kan ... 651, 72 P.2d 1001; Section 2 of Chapter 217 of 1939 Idaho ... Session Laws ... The ... Court will take judicial notice of U. S. Treasury Department ... Regulations and that U. S. Collector of Internal Revenue for ... Idaho is by law the custodian of records pertaining ... ...
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State v. Poulos
...See also State v. Ridgway, 108 Kan. 734, 737, 197 P. 199; State v. King, 111 Kan. 140, 149, 206 P. 883, 22 A.L.R. 1006; State v. France, 146 Kan. 651, 652, 72 P.2d 1001; State v. Grey, 154 Kan. 442, 445, 119 P.2d 468. Since we hold that Taylor's evidence was admissible, there is no merit in......
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