People v. Norton

Citation243 Mich. 559,220 N.W. 709
Decision Date24 July 1928
Docket NumberNo. 127.,127.
PartiesPEOPLE v. NORTON.
CourtSupreme Court of Michigan

OPINION TEXT STARTS HERE

Error to Circuit Court, Montcalm County; Royal A. Hawley, Judge.

Arthur Norton was convicted of the unlawful possession and transportation of intoxicating liquor, and he brings error. Reversed, and new trial granted.

Argued before the Entire Bench, except POTTER, J.

Rarden & Rarden, of Greenville, for appellant.

Wilber M. Brucker, Atty. Gen., and D. Hale Brake, Pros. Atty., of Stanton, for the People.

McDONALD, J.

The defendant was convicted on a charge of the unlawful possession and transportation of intoxicating liquor. He had been employed by one Richard Johnson to transport a truckload of household goods from a warehouse in Grand Rapids to Johnson's home in Montcalm county, Michigan. He owned the truck and assisted in loading the goods. Among the goods were severel paper cartons. In one of these, covered with a paper and a burlap sack, were two gallons of moonshine whisky. After loading the truck he drove to Johnson's farm. Officers of Montcalm county were there searching for liquor. They had found some in the house and barn and suspected that more might be on the truck. The officers claim that the defendant went into the house, held a whispered conversation with Johnson, and hurriedly started for the truck. They asked him if he had any Liquor in his load, and he replied that there was none that he knew of. A search revealed the cartons containing two gallons of moonshine whisky. At the trial, the defendant was a witness and testified that he supposed the load contained household goods only and that he had no knowledge of the whisky. At the conclusion of the proof, the court directed the jury to find the defendant guilty as charged. He reviews his conviction by writ of error.

The only error relied on relates to the action of the court in instructing the jury that under his own testimony the defendant was guilty as charged.

[1][2] It is quite apparent that in directing the verdict the circuit judge relied on the holding of this court in People v. Avery, 236 Mich. 549, 211 N. W. 349. The cases are readily distinguishable in their facts. In the Avery Case, the load which defendant was transporting consisted entirely of liquor put up in such a manner as to put an ordinarily reasonable man on inquiry. In the instant case, the load was mostly household goods. However, the box containing the liquor was open. Defendant assisted in loading it. Th...

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3 cases
  • Bostrom v. Jennings
    • United States
    • Michigan Supreme Court
    • December 7, 1949
    ... ... v. Sprague, 274 Mich. 426, 264 N.W. 851; Eberts v. Detroit, Mt. Clemens & M. C. Ry., 151 Mich. 260, 115 N.W. 43; People, to Use of Cook v. Cole, 139 Mich. 312, 102 N.W. 856. Assume, however, that the question of whether a joint enterprise, principal and agent, [326 ... ...
  • People v. Petro
    • United States
    • Michigan Supreme Court
    • June 1, 1954
    ...had knowledge that he was committing the act which constituted the crime in order for the accused to be convicted. See People v. Norton, 243 Mich. 559, 220 N.W. 709. Prior to 1936 the State of New York had no statutory presumption of possession of firearms. In 1912 the New York Court of App......
  • Farthing v. Hepinstall
    • United States
    • Michigan Supreme Court
    • July 24, 1928

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