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CITY OF HUTCHINSON v. WEEMS

No. 38,624

173 Kan. 452 (1952)

249 P.2d 633

THE CITY OF HUTCHINSON, KANSAS, Appellant, v. TOM NAT WEEMS, Appellee.

Supreme Court of Kansas.

Opinion filed November 8, 1952.

Attorney(s) appearing for the Case

Bill R. Cole, assistant city attorney, argued the cause, and Fred C. Littooy, city attorney, was with him on the briefs for the appellant.

No appearance for the appellee.

The opinion of the court was delivered by

PRICE, J.:

The basic question in this case involves the construction of Section 93 of the Kansas liquor control act (Laws of 1949, chapter 242), now appearing as G.S. 1949, 41-804, making it unlawful to transport alcoholic liquor in an "open bottle," except under certain conditions specified in the statute.

In the early morning hours of December 12, 1950, the 1941 Plymouth four-door sedan being driven by defendant...

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