TaiLexi AI U.S. Case Law

State v. Adams

The State of Kansas v. James C. Adams

State v. Adams, 24 P. 71 (Kan. 1890)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Supreme Court of Kansas · State Highest Courts
Decided
June 7, 1890
Judges
Johnston
Citations
24 P. 7144 Kan. 135
Headnotes
1. Information — Indorsement of Names of Witnesses — Discretion of Court. It is within the discretion of the court trying a criminal cause to admit the testimony of witnesses whose names were not indorsed upon the information until the beginning of the trial, and the defendant has no cause to complain unless there has been an abuse of that discretion. 2. Beverage, Intoxicating Quality of — Evidence. In a prosecution for the unlawful sale of intoxioating liquors, where a controversy arises as to the intoxicating quality of the beverage sold, testimony that the defendant had a jug of whisky in stock at his place of business about the time of the alleged sale, and that the persons who drank the beverage became intoxicated, tends to sustain the charge of the state, and is admissible in evidence. 3. --The testimony in the record is sufficient to sustain the conviction.
Summary
Appeal from Republic District Court. states the case.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Johnston

Text extracted by OCR from a scanned original; check the original for exact wording.

The opinion of the court was delivered by Johnston, J.:

James C. Adams appeals from a conviction for the illegal sale of intoxicating liquors. The judgment was that he should be imprisoned in the county jail for thirty days, and pay a fine of $100 and the costs of prosecution.

At the beginning of the trial, the county attorney obtained *136 permission to indorse the names of two witnesses upon the information; and this is the first ground of complaint. It was within the discretion of the court to permit the indorsement, and to admit the testimony of the witnesses whose names were so indorsed. Unless there has been an abuse of this discretion— which is not shown in the present case — there is no cause for complaint. (The State v. Cook, 30 Kas. 82 ; The State v. McKinney, 31 id. 570; The State v. Taylor, 36 id. 329; The State v. Dowd, 39 id. 412; The State v. Reno, 41 id. 674.)

The testimony on which the conviction rests is that the appellant sold a drink called “cider,” which produced intoxication. There is some controversy as to whether it was intoxicating in its effects, or not, but there is sufficient evidence to sustain the affirmative finding of the jury. To establish the character of the liquor, and that it was illegally sold, the state offered testimony, in connection with the other evidence, showing that about the time of the alleged unlawful sale the appellant had a jug of whisky in his place of business, and that he was heard to admit that he was selling the same. Testimony was also received to the effect that those who drank the beverage sold by the appellant became drunk. There was no error committed in the admission of this testimony. There was a controversy in regard to the intoxicating quality of the liquor prepared and sold by the defendant, and the fact that he had a jug of whisky in stock, which was unquestionably intoxicating, and that those who drank the beverage prepared and placed on sale by him became intoxicated, tended to supporjfc the charge of the state. (The State v. Pfefferle, 36 Kas. 90 .)

The allusion of counsel for the state in his opening argument to the price of cider was improper under the testimony, but we do not regard it to be of so prejudicial a character as to require a reversal.

Judgment affirmed.

All the Justices concurring.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1912: 11917: 11926: 11928: 11933: 119122026peak 1912 · 1

Relies on it most ⓘ

  1. Earle v. Dade County, Florida109 So. 331 (Fla. 1926)
  2. Blume v. Crawford County250 N.W. 733 (Iowa 1933)
  3. Cloud County Farm Bureau v. Board of County Commissioners268 P. 91 (Kan. 1928)
  4. Black v. Metropolitan Street Railway Co.144 S.W. 131 (Mo. Ct. App. 1912)
  5. Williams v. Francis1917 OK 243, 166 P. 699

Most recent

  1. Blume v. Crawford County250 N.W. 733 (Iowa 1933)
  2. Cloud County Farm Bureau v. Board of County Commissioners268 P. 91 (Kan. 1928)
  3. Earle v. Dade County, Florida109 So. 331 (Fla. 1926)
  4. Williams v. Francis1917 OK 243, 166 P. 699
  5. Black v. Metropolitan Street Railway Co.144 S.W. 131 (Mo. Ct. App. 1912)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
State v. Pfefferle, 36 Kan. 90 (1886) 65
State v. Cook, 30 Kan. 82 (1883) 25

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list