People v. Guertins
| Decision Date | 19 July 1923 |
| Docket Number | No. 120.,120. |
| Citation | 194 N.W. 561,224 Mich. 8 |
| Parties | PEOPLE v. GUERTINS. |
| Court | Michigan Supreme Court |
OPINION TEXT STARTS HERE
Error to Circuit Court, Schoolcraft County; Louis H. Fead, Judge.
Donas Guertins was convicted of transporting and having in his possession intoxicating liquors, and brings error. Affirmed.
Argued before WIEST, C. J., and FELLOWS, McDONALD, CLARK, BIRD, SHARPE, MOORE, and STEERE, JJ.Herbert J. Rushton, of Escanaba, for appellant.
Virgil I. Hixson, Pros. Atty., of Manistique, for the People.
Defendant was convicted of transporting and having in his possession intoxicating liquors, and reviews his conviction on exceptions before sentence. The case was made to turn in the court below upon the validity of the arrest of defendant without a warrant, the liquor having been taken after such arrest. It is so made to turn in this court. By proper petition to suppress the evidence so obtained, objection to the introduction of the liquor in evidence, and request for a directed verdict, defendant has properly reserved this question for review. The chief of police who made the arrest gave somewhat conflicting and unsatisfactory testimony, but he did give testimony tending to establish that complaints had come to him that moonshine whisky was being brought to Manistique from Garden City in a Ford car; that he had been so informed by the prosecuting attorney that day, or a few days before; that it was being taken to a barn called the Larsen barn owned by one Johnson; that the complaints had been coming for a month; that he had obtained a description of the party bringing in the whisky, and that defendant tallied up to such description; that he had seen defendant before, but did not know his name; that such complaints came to him from the prosecuting attorney, a policeman, and others; that the day of the arrest he received a telephone call telling him a Ford car was bringing in some liquor and giving its number; that the party giving such information declined to give his name; that about 5 o'clock in the afternoon he saw the car with the number given him and attempted to stop it on the street, but failed, and he followed it to the Larsen barn, where he found and arrested defendant and searched the automobile and found the liquor; and that he believed when he made the arrest that defendant was transporting liquor and had it in his car. We are persuaded that the trial court correctly held that this testimony carried to the jury the question of the...
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