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STATE v. PAYNE

No. 40,998

183 Kan. 396 (1958)

327 P.2d 1071

STATE OF KANSAS, Appellee, v. RAY PAYNE, Appellant.

Supreme Court of Kansas.

Opinion filed July 7, 1958.

Attorney(s) appearing for the Case

Carl Pingry, of Pittsburg, argued the cause and was on the briefs for appellant.

Robert E. Hoffman, Assistant Attorney General, of Topeka, and J. John Marshall, County Attorney, of Pittsburgh, argued the cause, and John Anderson, Jr., Attorney General, of Topeka, and Don H. Musser, Assistant County Attorney, of Pittsburgh, and Lew A. Hasty, Assistant Attorney General, of Topeka, were with them on the briefs for appellee.

The opinion of the court was delivered by

FATZER, J.:

The defendant was charged with evading or attempting to evade the payment of tax or duty on alcoholic liquor by having in his possession a bottle of alcoholic liquor upon which the tax imposed by the state of Kansas had not been paid and upon which there was no stamp or mark required by law, in violation of G.S. 1957 Supp. 41-407. He entered a plea of not guilty, waived trial by a jury, and consented to...

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