Johnson v. Com.

• Decision Date: 05 October 1923
• Citation: 254 S.W. 1054,200 Ky. 342
• Parties: JOHNSON v. COMMONWEALTH.
• Court: Kentucky Court of Appeals

254 S.W. 1054

200 Ky. 342

JOHNSON v. COMMONWEALTH.

Court of Appeals of Kentucky.

October 5, 1923

Appeal from Circuit Court, McLean County.

Rube Johnson was convicted of having in possession an illicit moonshine still, and he appeals. Affirmed.

J. H Miller, of Calhoun, and Slack, Birkhead & Slack, of Owensboro, for appellant.

Thos B. McGregor, Atty. Gen., and Lilburn Phelps, Asst. Atty Gen., for the Commonwealth.

SAMPSON C.J.

Four men, including appellant Johnson, were indicted in the McLean circuit court for the offense of having in their possession an illicit moonshine still. One of them pleaded guilty to the charge, and the other three, being tried, were convicted and each given 30 days in jail and a fine of $200. Johnson alone appeals.

From the evidence it appears that some one approached Johnson and told him that a moonshine still had been found on his farm at a remote point from his home. Johnson denied knowledge of the still, but said he would see that it was removed. The finding of the still was made known to the sheriff and his deputies who gathered a posse that night and went to and watched the premises to see what took place. They arrived at the still site early in the night and awaited results. After a while they heard the rumbling of the wagon on its way towards the still; with the wagon came appellant and his three codefendants and others. They took the barrels of mash and cider, as well as the utensils about the place, and loaded them into the wagon and drove away. The sheriffs heard parts of their conversation. In the crowd they recognized appellant Johnson assisting in the loading of the outfit. After the wagon started away the officers followed close behind so as to see what happened. After coming into the main road the wagon stopped at an automobile which appeared to belong to some of the defendants. There the officers heard appellant Johnson, in conversation with his associates, say, in substance, that he had plenty of corn, and one of the other defendants had corn, and that a sufficient amount of whisky should be made to meet their requirements. They also heard conversations about the new location of the still, and what should be done. Johnson and one other member of the party separated from the balance of the crowd at the automobile and the wagon drove down the highway. The officers followed in a car which they had near by. After traveling some two or three miles they passed the wagon with the distillery outfit in it. One man was driving the team and another holding the barrels to keep them from falling from the wagon. Going some distance in front of the wagon the car turned back and met the team. They put the driver and his associate under arrest. When they searched the...