People v. Savage
| Decision Date | 13 November 1923 |
| Docket Number | No. 122.,122. |
| Citation | 195 N.W. 669,225 Mich. 84 |
| Parties | PEOPLE v. SAVAGE. |
| Court | Michigan Supreme Court |
OPINION TEXT STARTS HERE
Error to Circuit Court, Ingham County; Leland W. Carr, Judge.
Richard Savage was convicted of unlawfully possessing intoxicating liquor, and he brings error. Judgement affirmed.
Argued before WIEST, C. J., and FELLOWS, McDONALD, CLARK, BIRD, SHARPE, MOORE, and STEERE, JJ.John F. Berry, of Detroit, for appellant.
A. B. Dougherty, Atty. Gen., and Barnard Pierce, Pros. Atty., of Lansing, for the People.
Defendant reviews by writ of error his conviction and sentence on a charge of unlawfully having in his possession one pint of intoxicating liquor. It appears from the proofs that Police Officer Purchase saw an automobile driving along Grand avenue in the city of Lansing without lights; that he stopped it, and found the defendant at the wheel. Two other men were riding in the back seat. The officer placed defendant under arrest, and told him he must drive to the police station. He got in the front seat with defendant, and soon after the car had started the officer saw defendant take what he thought was a bottle out of his clothing and pass it to one of the men in the back seat. The bottle dropped on the floor of the car and slid along under the officer's feet. When they neared the police station, the defendant drove his car against an obstruction on the street, which was in the process of paving, and when backing up he threw another bottle on the ground, which broke into several pieces. After Purchase had delivered the defendant to the officer in charge at the station, he, in company with Officer Van Durske, went to the place where the bottle was broken and picked up some of the pieces. The neck of the bottle contained a small amount of liquid, which Purchase tasted and found to be moonshine whisky. The contents of the bottle taken from the floor of the car were analyzed by a chemist and found to contain 44.44 per centum of alcohol by volume.
We will consider the assignments in the order discussed by counsel.
1. It is urged that as the bottle found in the car was a pint bottle, and as the information charged the unlawful possession of but a pint of whisky, it was error to admit the testimony relating to the other bottle thrown from the car. It is elementary that the acts, conduct, and demeanor of a person charged with crime at the time of, or shortly before or after, the offense is claimed to have been committed, may be shown as a party of the res gestae. Proof of such acts is not rendered inadmissible by the fact that they may tend to show the commission of another crime. 16 C. J. 574, 575.
2. The witness Purchase was permitted, over objection, to testify that he smelled of the liquid in the pint bottle delivered by him to the officer in the station, and that in his opinion it was moonshine. The sense of...
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