McRae v. State

• Citation: 129 P. 71,8 Okla.Crim. 483,1913 OK CR 4
• Parties: MCRAE v. STATE.
• Decision Date: 13 January 1913
• Court: United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma

129 P. 71

8 Okla.Crim. 483, 1913 OK CR 4

MCRAE v. STATE.

Court of Criminal Appeals of Oklahoma

January 13, 1913

Syllabus by the Court.

Where the motive of a person for going to a certain place or for doing a certain act is material, it is permissible to show the reasons for the presence of such person at such place or for committing the act which is the subject of inquiry; but where such evidence is admitted, the jury should be clearly instructed by the court as to the reason for which it was received and should be prohibited by the court from considering it for any other purpose.

Where the motive of an officer for making a seizure of intoxicating liquors is not an issue in a case, it is improper to allow him to state any information which he had received and upon which he acted in making such seizure.

Where hearsay evidence has been received which reasonably contributed to a verdict of guilty, the reception of such evidence does not constitute harmless error, but will be ground for reversal.

A conviction based upon hearsay evidence or upon suspicion is not obtained by due process of law and is contrary to the Constitution of this state and also to the Constitution of the United States.

Appeal from Superior Court, Grady County; Will Linn, Judge.

Bill McRae and Bob Powell were jointly prosecuted for having possession of intoxicating liquors for the purpose of unlawfully disposing of them. Powell was convicted and sentenced to pay a fine of $500 and be confined six months in the county jail, while McRae was found guilty and punishment assessed, and he appeals. Reversed.

A. L Herr, of Chickasha, for appellant.

Smith C. Matson and C.J. Davenport, Asst. Attys. Gen., for the State.

FURMAN P.J.

Upon the trial of this cause G. W. Featherstone, a deputy sheriff of Grady county, testified that he was acquainted with appellant and one Bob Powell; that on the 20th day of May 1911, he had occasion to make a certain search of a room in the Scotty rooming house in the city of Chickasha. He then testified as follows: "Q. What was the cause of your making the search? By Counsel for the Defendants: Objected to, if the court please, for the reason that it is incompetent, irrelevant, and immaterial. (Which objection was then and there by the court overruled, and the defendants duly saved an exception.) A. Why, we had had complaints. By Counsel for the Defendants: Wait a minute. We move to strike out the answer of the witness as incompetent, irrelevant, and immaterial and purely calls for hearsay testimony. (Which objection was then and there by the court overruled, and the defendants duly saved an exception.) Q. What was the cause of your making the search? A. We had information that they were handling beer and whisky up there in some of those rooms--it is the annex of the Scotty rooming house up there. Q. Who was? By Counsel for the Defendants: Objected to, if the court please as incompetent, irrelevant, and immaterial, because it clearly shows hearsay testimony. By Counsel for Plaintiff: It is offered, if your honor please, to show the motive of Mr Featherstone in making this search. By the Court: I will overrule the objection, gentlemen. (To which ruling of the court the defendant then and there duly saved an exception.) Q. You had information that who was handling beer there, Mr. Featherstone? A. Well, that the defendants here were seen going and coming up and down the stairs there. Q. From where? By Counsel fo...