Goodman v. State

• Decision Date: 29 March 1929
• Docket Number: 25,552
• Citation: 165 N.E. 755,201 Ind. 189
• Parties: Goodman v. State of Indiana
• Court: Indiana Supreme Court

165 N.E. 755

201 Ind. 189

Goodman v. State of Indiana

No. 25,552

Supreme Court of Indiana

March 29, 1929

Rehearing Denied June 6, 1929.

1. SEARCHES AND SEIZURES---Search Warrant---Affidavit and Evidence Held Sufficient.---Affidavit for the issuance; of a search warrant, together with the evidence heard before the justice of the peace issuing the warrant, held to show probable cause for issuing a warrant to search for a still and distilling apparatus. p. 190.

2. RECORDS---Filing of Papers---When Considered Filed---Subsequent Misfeasance of Officer---Effect of.---The law considers a paper filed when it is delivered to the proper officer for the purpose of filing, and the subsequent misfeasance of the officer will not affect the validity of the filing or the rights of the parties. p. 192.

3. SEARCHES AND SEIZURES---Affidavit for Search Warrant---Removal from Office of Issuing Officer---Effect of.---The fact that an affidavit for a search warrant was taken away from the office of the justice of the peace who issued the warrant, after the affidavit had been delivered to the justice and marked "filed," did not make the search warrant invalid, as the law considers a paper filed when it is delivered to the proper officer for the purpose of filing. p. 192.

4. SEARCHES AND SEIZURES---Affidavit for Search Warrant---Sufficient Description of Premises.---An affidavit for a search warrant containing the following description of the premises to be searched: "A one-story frame house occupied by living and sleeping rooms and all outbuildings appurtenant thereto, this said house is known and designated as number 126 Gilbert Avenue in the City of Evansville Vanderburgh County, Indiana," held sufficient. p. 193.

5. INTOXICATING LIQUORS---Possession of Still---Evidence Held Competent.---In a prosecution for having unlawful possession control and use of a still and distilling apparatus for the manufacture of intoxicating liquor, evidence obtained by a search of defendant's premises under a valid search warrant, such as the different parts of a still, some corn mash and a record book containing notations about liquor, was competent. p. 194.

From Vanderburgh Circuit Court; Charles P. Bock, Judge.

Ray Goodman was convicted of possessing, controlling and using a still and distilling apparatus for the manufacture of intoxicating liquor, and he appealed.

Affirmed.

William D. Hardy, for appellant.

Arthur L. Gilliom, Attorney-General, Dale F. Stansbury, Deputy Attorney-General, and Albert M. Campbell, for the State.

OPINION

Gemmill, J.

The appellant was found guilty of the unlawful possession, control and use of a still and distilling apparatus for the unlawful manufacture of intoxicating liquor, in violation of Acts 1925, ch. 48, § 6, § 2719 Burns 1926. Judgment of fine of $ 100 and costs and imprisonment at the Indiana Reformatory for a period of not less than one year nor more than five years was entered upon the finding. He has assigned as error that the court erred in overruling his motion for a new trial.

A verified motion to suppress the evidence was filed, which the court, after hearing evidence, overruled. Error is also claimed because of the admission of certain evidence during the trial. The question of the competency of the evidence depends upon the validity and legality of the affidavit and the search warrant issued thereon.

It is contended by the appellant, in the motion to suppress evidence, that the search warrant was issued without probable cause being shown. Part of the affidavit is as follows "Comes now the undersigned affiant, who upon his oath says: I am a police officer of the city of Evansville assigned to the duty of investigating violations of the prohibition law and have investigated complaints made in regards to the below-named house Aug. 29th, '27. The smell of corn mash fermenting can very easily be distinguished from the other odors, and this odor seems to come from the below-described house. This house has the reputation of being a place where intoxicating liquor is manufactured and possessed and where men resort for the purpose of drinking intoxicating liquor. That because of the above fact he has reasonable cause to believe, and does believe that John Doe, whose lawful name is unknown to the affiant, has in his possession intoxicating liquor; . . . and has in his possession stills, implements, devices and property kept for the manufacture of intoxicating liquors," etc. In the search warrant issued by the justice of the peace, after the copy of the affidavit, the following appears: "And whereas, from oral evidence heard by me after said affidavit was filed, I have found that probable cause exists for believing that the things described in said affidavit are being concealed in or about the premises therein described and are being there kept unlawfully and in relation to the offense named in said affidavit." On the hearing to suppress evidence, a police officer of the city of...