Gray v. State

• Decision Date: 01 March 1948
• Docket Number: 4488
• Citation: 208 S.W.2d 988,212 Ark. 1023
• Parties: Gray v. State
• Court: Arkansas Supreme Court

208 S.W.2d 988

212 Ark. 1023

Gray v. State

No. 4488

Supreme Court of Arkansas

March 1, 1948

Appeal from Pope Circuit Court; Audrey Strait, Judge.

Affirmed.

Bob Bailey, Jr., and Bob Bailey, for appellant.

Guy E. Williams, Attorney General, and Oscar E Ellis, Assistant Attorney General, for appellee.

OPINION

Holt J.

A jury found appellant, Everett Gray, guilty of possessing intoxicating liquor for sale without a license. A fine of $ 250 was assessed and from the judgment is this appeal.

For reversal, appellant contends that the evidence was not sufficient to support the verdict, that the court erred in admitting testimony of State Police Officer Boone Bartlett to the effect that he, in company with Sheriff Hickman, checked appellant's automobile about the first of August, 1947, between Russellville and Dardanelle, and found eight pints of liquor, four in the glove compartment and four in the trunk of the car, and that there was also error in permitting testimony bearing upon the reputation of appellant, as being a bootlegger. There was no complaint as to any of the instructions.

The evidence tended to show that on June 1, 1947, the Chief of Police of Russellville and a Deputy Sheriff, having received information that appellant was selling intoxicating liquor illegally, concealed themselves in a garage across the street from appellant's residence. Mr. Gilbert, Chief of Police, gave his version of what followed: (Appellant's abstract) "I am Chief of Police in Russellville. On the 1st day of June, 1947, we made a raid on Everett Gray (commonly called Butch Gray) in front of his home in Russellville. We had had some complaints against him (appellant) and about people making several trips to his house that afternoon, and we went down there to watch him. . . . He would go in the house and come out with something in his hands. We watched him through a hole in the garage and saw him come down there with two men. He went in the house and came out with his arms full. He put it in the glove compartment and handed the man one bottle. When we raided him, he stuck one bottle under the seat by his feet. We got five half pints and two pints. This is the liquor on the table."

The Deputy Sheriff, Reece Gilbert, corroborated the above testimony and also testified that they saw appellant make several trips to his residence on similar missions with other parties in his car before they arrested him and seized the liquor. Both of these witnesses, along with several others, testified that appellant had the reputation of being engaged in the illegal sale of intoxicating liquor.

While appellant denied his guilt, the testimony was ample to support the jury's verdict.

The trial court did not err in admitting testimony bearing upon the general reputation of appellant, as being engaged in bootlegging. Appellant was prosecuted under Article VI § 1, Subdivision (c) of Act 108 of the...