31 Kan. 383 | Kan. | 1884
The defendant in this case was charged with selling intoxicating liquors without a permit, and was found guilty, and fined $100, and adjudged to pay the costs of suit. The trial was had before the court and a jury. After all the evidence on the part of the state was introduced, the defendant moved the court to require that the state elect upon which transaction under the evidence it would rely for a conviction, and the court sustained the motion, and the state then elected in the following manner, to wit: “The state for a conviction relies upon a sale of intoxicating liquor by defendant to James Carson; ” to which election the defendant objected, and moved the court to require the state to make its election more definite and certain in certain particulars, which motion the court overruled, and the defendant excepted.
It appears from the evidence, that in November, 1882,
Eor this failure on the part of the court below to require the state to make its election more definite and certain, and upon the authorities above cited, the judgment of the court below will be reversed, and the cause remanded for a new trial.