Glance v. State

• Decision Date: 16 March 1949
• Docket Number: A-10973.
• Citation: Glance v. State, 204 P.2d 296, 89 Okla.Crim. 1 (Okla. Crim. App. 1949)
• Parties: GLANCE v. STATE.
• Court: United States State Court of Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma

204 P.2d 296

89 Okla.Crim. 1

GLANCE v. STATE.

No. A-10973.

Court of Criminal Appeals of Oklahoma

March 16, 1949

Appeal from County Court, Bryan County; W. H. Ritchey, Judge.

Rogers Glance was convicted of the offense of illegally transporting intoxicating liquor, and sentenced to pay a fine of $50 and to serve thirty days in the county jail, and he appeals.

Affirmed.

Syllabus by the Court.

1. Where a search warrant is procured for the purpose of searching an automobile and the same is properly described, a refusal or failure to take possession of the copy of the warrant tendered him by the officer does not invalidate a search made under the terms of the warrant.

2. The Criminal Court of Appeals will not reverse a trial court upon a finding of fact in connection with a motion to suppress the evidence, where there is competent evidence in the record reasonably tending to support the findings of the court.

3. A constitutional provision against unreasonable searches and seizure does not preclude the making of a seizure without a warrant previously procured, where there is no need of a search for intoxicating liquor, because the same is fully disclosed to the eye.

4. Evidence authorized conviction of illegal transporting intoxicating liquor.

W. L. Steger, of Durant, for plaintiff in error.

Mac Q Williamson, Atty. Gen., Lewis A. Wallace, Asst. Atty. Gen and Lewis T. Martin, County Atty., Bryan County, of Durant for defendant in error.

BAREFOOT Judge.

This appeal is from a judgment of the County Court of Bryan County, entered in pursuance of a verdict of a jury finding Rogers Glance guilty on a charge of illegally transporting ninety-six pints of whisky, and fixing his punishment at confinement in the county jail for thirty days, and a fine of $50.00.

The only assignment of error presented in the brief is that the court erred in overruling the defendant's motion to suppress the evidence.

The information in this case was filed on July 3, 1947, and on July 22 the defendant filed a motion to suppress the evidence. The case was called for trial on July 25 a jury selected, the opening statement made by the County Attorney; and the jury was excused and the motion to suppress presented.

In the motion to suppress, the defendant states: 'that part of said property was seized against his will and without a search warrant, and that the remaining part of said property was seized against his will and with a search warrant that was void, illegal, and not issued in accordance with the laws of the State of Oklahoma.' Attached to his motion is a schedule of the property of which he is the owner, and this schedule lists: 'Ninety-six pints of tax paid whisky.'

The record discloses that the officers of Bryan County had received word that the defendant was on his way to Durant with a load of liquor, for delivery to a Mrs. Disheroon. One of the sheriff's deputies procured a search warrant for 'A motor car, tag No. DZ 9227, Texas License, 1941 Model Buick Maroon Convertable Coupe.' Later in the evening the sheriff and five of his deputies concealed themselves near the place of business of Mrs. Disheroon. The defendant drove in from the south, and turned in between two garages. There was a junk yard in the rear. The defendant got out of his car, leaving the motor running, and walked toward the corner of the building. When he had gone approximately seventy-five feet from his automobile, he evidently saw one of the deputies, and started to run, but was stopped by deputy W. T. Templeton. There was a carton of whisky, open and in full view, on the front seat of the automobile.

In support of the motion to suppress, the defendant offered two witnesses, C. H. Parker and W. T. Templeton, both deputy sheriffs.

Mr. Parker testified to making the affidavit for, and procuring the search warrant, between four and five o'clock in the afternoon, and that he had the search warrant in his possession when the defendant drove up. He testified that Mr. Templeton stopped the defendant when he started to run, and witness immediately told him that he had a search warrant and wanted to check the tag number on his car. They walked back to the car, the sheriff and other deputies coming up at the same time. The tag number on the automobile corresponded with that on the search warrant. Mr. Parker testified:

'Q. Did you tell Rogers Glance that you had a search warrant? A. I did.

Q. Right at that time? A. I did.

'Q. Did you give it to him? A. Had it in my hand and he turned to the car and he handed it back, and I told him, as quick as we checked the number, I said, 'Here is the search warrant.'

'The Court: Did I understand you to say you offered him the search warrant? A. I said, 'Here is the search warrant for the car.' He turned, something was said,--he turned. He didn't take it.

'Q. (By the attorney) Did he see what was there? Did you hand the search warrant right out to him? A. Had it in my hand. Handed it right out like that (indicating). There was not anything to keep him from it.'

This witness further testified that two of the deputies immediately took the defendant to jail, and this witness and another deputy took his automobile to a garage, and there found an additional eighty-four pints of liquor in the car. That within fifteen or twenty minutes after he had offered the search warrant to the defendant he went up to the jail and gave the search warrant to Rube Meeks, the jailer, and told him to take it up to the defendant.

W. T Templeton testified to defendant driving in between the garages and getting out of his car. That defendant walked to within about fifteen feet of the witness, then started to run. ...