5 Kan. App. 242 | Kan. Ct. App. | 1896
The appellant, Charles Linker, was prosecuted in the Police Court of Lincoln Center on a complaint filed therein charging him with certain violations of ordinances number 113 and number 139, relating to the sale of intoxicating liquors and other drinks. On an appeal taken by him to the District Court, he was therein convicted on the sixth count of the complaint, which charged him with the offense, under ordinance number 139, of selling a certain drink designated as ‘ ‘American Hop Ale ” in a less quantity than one gallon. Said ordinance number 139, the validity of which has been sustained by the Supreme Court in In re Jahn, Petitioner (55 Kan. 694), provided :
“That it shall be unlawful for any person or persons in this city to barter, sell or give away any malt, hop tea tonic, ginger ale, cider, or any other drink of like nature no matter by what name it may be called, in less quantities than one gallon, or permit or allow the same to be drunk at any stand, store or other place of sale.”
Ordinance number 113 prohibited the unlawful sale of intoxicating liquors, while ordinance number 139 was aimed at certain sales of non-intoxicating drinks.
“ The offense complained of worked no injury upon the individual rights of the person to whom the sale was made, and none was supposed to have been violated; and, hence, the designation of such person by name is in no way material to constitute the offense.” The State v. Schweiter, 27 Kan. 499, 512. See also, The State v. Becker, 20 Iowa, 438 ; Cannady v. The People, 17 Ill. 158 ; Myers v. The People, 67 id. 503 ; State v. Jaques, 68 Mo. 260 ; State v. Bielby, 21 Wis. 204 ; State v. Munger, 15 Vt. 290; Riley v. State, 43 Miss. 397 ; People v. Adams, 17 Wend. 475 ; State v. Parnell, 16 Ark. 506 ; State v. Heldt, 41 Tex. 220.
The judgment will be reversed, and the case remanded for a new trial.