Hammons v. Com.
| Decision Date | 24 October 1952 |
| Parties | HAMMONS v. COMMONWEALTH. |
| Court | United States State Supreme Court — District of Kentucky |
Joe S. Feather, R. L. Brown, Williamsburg, for appellant.
J. D. Buckman, Jr., Atty. Gen., William F. Simpson, Asst. Atty. Gen., for appellee.
Appellant, Denver Hammons, was convicted of having intoxicating liquor in his possession in local option territory for the purpose of sale, and his punishment was fixed at a fine of $50 and imprisonment in jail for 30 days. On his motion for a new trial, as well as on his motion for an appeal in this court, he assigned three errors: 1. He was entitled to a directed verdict; 2. incompetent evidence was admitted to has prejudice; 3. the instructions did not give the whole law of the case.
There is no contrariety in the facts. Police officers raided the apartment in which appellant lived in Corbin and found 24 half-pints of whiskey. Appellant operated a taxicab in Corbin and his driver was Odie Brewer. No question is raised as to the validity of the search warrant, and it was testified on the trial that a state policeman, in plain clothes, asked Brewer to get him some whiskey; that Brewer left his cab, went into the building through a door leading to appellant's apartment, and in two or three minutes returned with a half-pint of whiskey of the same brand found in appellant's apartment. There was proof that appellant's reputation was bad for unlawfully dealing in whiskey.
Appellant's defense was that he bought this whiskey legally in Middlesboro and had same in his possession for personal use. He insists that under De Attley v. Com., 310 Ky. 112, 220 S.W.2d 106, his motion for a directed verdict should have been sustained. The facts in the two cases distinguish them. De Attley had just a little over two pints of whiskey in his possession and proved he was taking it under the prescription of a physician. The only damaging evidence against De Attley was his bad reputation. Here, appellant's bad reputation was proven; he had 24 half-pints of whiskey in his possession; and the driver of his cab when asked where whiskey could be obtained entered appellant's apartment, returned in a few minutes with a half-pint of whiskey and sold it to a police officer in plain clothes, who was interested in apprehending persons engaged in the illegal whiskey traffic. Patently, there was sufficient evidence in the instant case to take it to the jury.
It is urged by appellant that the testimony of Yaden, the officer who bought the whiskey from appellant's driver, is not competent under the case of Cartwright v. Com., 196 Ky. 6, 244 S.W. 55. We presume that case is cited to show that appellant was not responsible for the act of his agent and driver in selling this whiskey, unless the Commonwealth proved the driver had express authority from...
To continue reading
Request your trial
-
Reynolds v. Com.
...Scott v. Com., 311 Ky. 419, 224 S.W.2d 458; Horn v. Com., Ky., 251 S.W.2d 864; Wilson v. Com., 303 Ky. 219, 197 S.W.2d 240; Hammons v. Com., Ky., 252 S.W.2d 51. There are many other cases stating this rule, but it is unnecessary to cite them. The other rule is to the effect that where the i......
-
Noble v. Com.
...other than one of simple denial of possession. See Bates v. Com., Ky., 262 S.W.2d 184; Blevins v. Com., Ky., 258 S.W.2d 501; Hammons v. Com., Ky., 252 S.W.2d 51; Scott v. Com., 311 Ky. 419, 224 S.W.2d 458; Patrick v. Com., 286 Ky. 265, 150 S.W.2d 901; Gossett v. Com., 262 Ky. 540, 90 S.W.2d......
-
Bowling v. Com.
...the court erred in failing to give a specific instruction on this theory of the case. He is right. See line of cases including Hammons v. Com., Ky., 252 S.W.2d 51; Reynolds v. Com., Ky., 257 S.W.2d 514; Gossett v. Com., Ky., 295 S.W.2d 338; Noble v. Com., Ky., 295 S.W.2d 343; Irvin v. Com.,......
-
Irvin v. Com.
...submitted this defense to the jury. Failure to do so is reversible error. Gossett v. Commonwealth, Ky., 295 S.W.2d 338; Hammons v. Commonwealth, Ky., 252 S.W.2d 51. The attorneys handling this appeal for the Commonwealth forthrightly agree that appellant's position is sound on each of the g......