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138 Kan. 152

State v. Metzger

Supreme Court of Kansas

Decided July 8, 1933

Supreme Court of Kansas · decided 1933-07-08

Decided 1933-07-08

Harvey, J.

¶1(dissenting): As I view this record, the conviction rests only on suspicion and the fact that defendant had been convicted in the state court in 1925, and later in the federal court, of violations of the intoxicating-liquor law. I find no evidence in the record, certainly no substantial evidence, that defendant assisted in any way in maintaining the still in question on the Kopf place, or even that he knew it was there.

Smith and Thiele, JJ., concur in this dissent.
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