STATE, EX REL., v. RUSSELL

No. 38,463

171 Kan. 709 (1951)

237 P.2d 363

STATE OF KANSAS, ex rel. CHAMP GRAHAM, County Attorney, Appellant, v. RILEY RUSSELL, Appellee.

Supreme Court of Kansas.

Opinion filed November 10, 1951.


Attorney(s) appearing for the Case

Champ Graham, county attorney, argued the cause, and Harold R. Fatzer, attorney general, and Willis H. McQueary, assistant attorney general, were with him on the briefs for the appellant.

Owen S. Samuel, of Emporia, argued the cause, and George B. Allred, of Emporia, was with him on the briefs for the appellee.


The opinion of the court was delivered by

WEDELL, J.:

The state appeals from a judgment suspending a padlock order on a building declared to be a common nuisance under provisions of the 1949 Kansas Liquor Control Act. (Chap. 242, Laws 1949.)

The record disclosed liquor had been sold to minors by defendant's operator of the liquor store. The trial court found the premises in question located in the city of Emporia constituted a common nuisance under...

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