Eady v. State
| Decision Date | 01 April 1929 |
| Docket Number | 27771 |
| Citation | 153 Miss. 691,121 So. 293 |
| Court | Mississippi Supreme Court |
| Parties | EADY v. STATE. [*] |
Suggestion of Error Overruled May 6, 1929.
APPEAL from circuit court of Forrest county, HON. R. S. HALL, Judge.
V. R Eady and another were convicted of having intoxicating liquor in their possession, and they appeal. Affirmed.
Judgment affirmed.
Haralson & Hall, Stanton A. Hall and Colbert Dudley, for appellants.
James W. Cassedy, Jr., Assistant Attorney-General, for the state.
The appellants were convicted in the county court of Forrest county of having intoxicating liquor in their possession; sentenced to pay a fine of five hundred dollars and serve thirty days in jail, appealed to the circuit court where the judgment was affirmed, and, from the circuit court, appeal was prosecuted here.
It appears that the appellants were upon the public road near Hattiesburg engaged in changing a tire on their car, having had a puncture or trouble of that kind, and a deputy sheriff came along, and, seeing their trouble, asked if he could be of any assistance. Appellants replied that they were getting along all right. They were prizing up the rear axle of their car with a pole which broke, and the deputy sheriff drove in front of their car and took a jack out of his own car and tendered it to them, and they engaged in prizing up the real axle and changing the tire. While the deputy sheriff was in the road he smelled liquor, and, after he got out of his car and went to where the appellants were, he still smelled it. He then went into close contact with the appellants to see if the liquor was on their breath, but found it was not. Still smelling liquor, he went along the side of the appellants' car, and when at the car door the scent was stronger. He then disclosed to the appellants who he was, and stated that he believed they had liquor in their car. They asked him if he had a search warrant, and he told them he had good reason to believe they had liquor in their car, and that he did not need a search warrant to search it. Opening the door of their car, he found the scent was much stronger, and he discovered therein one keg in the rear and other kegs covered with quilts, making four ten-gallon kegs of whisky. One of the kegs was leaking through the cork which seemed not to fit, or was deficient, so that the whisky leaked out on the bottom of the car. The deputy sheriff testified that prior to going to the car he noticed it was pretty heavy and remarked to the appellants that the car seemed to be very heavy and asked what they had in it, and they replied that they had luggage. He also testified that, when he made this remark about the weight of the car and asked what they had in it, one of the appellants became very nervous; and that these facts, coupled with the scent of the whisky, led him to believe that the car contained whisky, and that he considered it probable cause for the search. He had no search warrant or affidavit for the search. He arrested the appellants and carried them to a nearby house where he stored the whisky and got help and carried the appellants back to Hattiesburg where they were placed in jail.
This testimony was objected to when offered, on the ground that the search was illegal, and the evidence could not be introduced.
It is conceded that there was no affidavit or search warrant, but this court held in Moore v. State, 138 Miss. 116, 103 So. 483, that, where an officer has probable cause to believe that a car contains intoxicating liquor, he can search it without a warrant, but that the information leading up to such belief must be sufficient to satisfy the judicial mind that it constituted probable cause. In Hamilton v. State, 149 Miss. 251, 115 So 427, it was held that, if there is probable cause, or if the officer has reason to believe that intoxicating liquor is being transported, that a search of the vehicle without a warrant is lawful. In Sellers v. Lofton, 149 Miss. 849, 116 So. 104, it was held that an officer making a search must believe, and have reason to believe, when the search is begun, that the law is being violated, and no part of the evidence of probable cause coming to the knowledge of the officer as a result of the search can have any bearing upon the question, and that it was unlawful to search without a warrant on the ground merely that the occupants were driving on streets late at night and were laughing and talking loud. In Chrestman v. State, 148 Miss. 673, 114 So. 748, it was held that a search of a car by an officer is not on probable cause to authorize a search warrant merely because he discovered and believed that some of the inmates of the car had been drinking intoxicating liquor. In Cornelius on Search and Seizure, p. 288, section 91, it is stated: ...
To continue reading
Request your trial
-
State v. Young
... ... The more recently decided cases are reasonably ... clear concerning whether an offense is committed in an ... officer's presence when circumstances appear such as the ... case at bar presents. The following citations indicate the ... current of authority as we find it: ... Eady ... v. State, (Miss.) 153 Miss. 691, 121 So. 293, 294, was a ... case where there was no affidavit or search warrant yet a ... judgment of conviction was affirmed, the facts and law ... applicable being set forth in the opinion thus: ... "In ... Hamilton v. State, 149 Miss. 251, 115 ... ...
-
Joyce v. State
...v. United States, 376 U.S. 364, 84 S.Ct. 881, 11 L.Ed.2d 777 (1964). Nevertheless, it is well settled in this state (Eady v. State, 153 Miss. 691, 121 So. 293 (1929)), and under the Federal rule that a motor vehicle moving upon the highways may be searched for contraband if the facts are su......
- McGowan v. State
-
Miller v. State
...of marijuana, (Fernandez v. United States, 321 F.2d 283, 286 (C.A. 9th 1963)) or the smell of intoxicating liquor (Eady v. State, (153 Miss. 691, 121 So. 293) supra)." 327 So.2d at The Court said in Hall v. State, 288 So.2d 850 (Miss.1974): "An automobile may be searched, given the proper c......