Supreme Court of Kansas, 1924

State v. Johnson

State v. Johnson
Supreme Court of Kansas · Decided May 10, 1924 · Burch, Harvey
116 Kan. 179; 226 P. 251; 1924 Kan. LEXIS 41

State v. Johnson

Opinion of the Court

The opinion of the court was delivered by

Burch, J.:

The defendant was' convicted of transporting liquor into the state and of having liquor in his possession, and appeals.

The defendant’s right to be secure from unreasonable search or seizure was flagrantly violated, and intoxicating liquor found in his traveling bag soon after he alighted from a train on completion of an interstate journey, was introduced in evidence against him. The *180details of the occurrence and the measures taken by defendant to protect himself, from the time he was approached by the officer at the railroad station, until his motions for new trial and in arrest of judgment were denied, need not be recited. The case was advanced for consideration with the case of The State v. Johnson, ante, p. 58, and the decision in that case controls decision of this one.

Some assignments Of error not involving the constitutional question have been considered, and are without substantial merit.

The judgment of the district court is affirmed.

Dissenting Opinion

Harvey, J.,

dissents, for reasons stated in the dissenting opinion in the case of The State v. Johnson, ante, p. 66.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.