Harris v. State, 38820
| Decision Date | 12 October 1953 |
| Docket Number | No. 38820,38820 |
| Citation | 67 So.2d 302,218 Miss. 259 |
| Parties | HARRIS v. STATE. |
| Court | Mississippi Supreme Court |
Clayton Lewis, Philadelphia, for appellant.
J. P. Coleman, Atty. Gen., by Joe T. Patterson, Asst. Atty. Gen., for appellee.
The appellant Oscar (Lucky) Harris, was tried and convicted in the circuit court of Neshoba County on a charge of unlawful possession of intoxicating liquor, and was sentenced to pay a fine of $500 and serve 90 days in the county jail. From that judgment he prosecutes this appeal.
The appellant's attorney argues only one point as ground for reversal on this appeal, and that is that the court erred in overruling the appellant's motion for a directed verdict and in refusing to grant the peremptory instruction requested by the appellant at the conclusion of the evidence.
The State's evidence was procured during a search of the premises known as the Ko-Ko-Mo Club, about three and one-half miles west of the City of Philadelphia on State Highway No. 16, on March 28, 1952. The search was made by Curtis Chisolm, constable, Ollie Hardy, a deputy sheriff, and two special deputies, Ause Farrar and Beeman Hardy. When the officers arrived at the club house, the only person the officers found at the club house was the appellant, who was in the back of the building behind the counter. The constable asked the appellant about V. D. Dunn, who was the person named in the search warrant as the owner or occupant of the premises; and the appellant stated that Dunn had left the club house to go to his home a short time before the officers arrived, and before leaving had requested the appellant to stay there until he got back. The constable asked the appellant if he was in possession of the place, and the appellant stated that he was while Mr. Dunn was away. The constable served the warrant upon the appellant, and proceeded to search the building. He found in the building nothing but an ice box containing cold drinks and a music box in the dance hall. No intoxicating liquor was found in the building.
While the constable was in the building, the deputy sheriff and the two special deputies proceeded to search the wooded area lying back of the club house, and there they found hidden among the leaves a short distance from an old ridge road and about 60 yards from the club house two cases of beer and three half pints of whiskey. At another place in the woods, about 50 yards from the old road and about 200 yards from the club house, the officers found 24 half pints of bonded whiskey in two holes covered over with leaves. Other quantities of moonshine liquor were found in the woods, bringing the total to 14 half pints of moonshine whiskey and 24 half pints of bonded whiskey.
V. D. Dunn, testifying as a witness for the appellant, stated that he was operating the place of business at the time the officers made the search; that he had gone to his home a short time before the officers arrived and had requested the appellant to stay there at the club house until he got back; and that the search was made during his absence. Dunn stated that he had leased the club house from Oscar Hailstock, who had leased the same from Halbert Ray. Ray appeared to be the owner of the property. The lease contract from Ray to Hailstock was introduced in evidence, and showed that the leased premises were described as 'that certain building known as the Ko-Ko-Mo Club and the leased premises on which the same is situated, together with twelve feet each way from said club house,' etc. Dunn stated that he knew nothing about the whiskey that was found in the woods south of the club house. He stated that the whiskey did not belong to him and that he had no control over it. He admitted that he left...
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