People v. Steeneck
| Decision Date | 08 July 1929 |
| Docket Number | No. 139.,139. |
| Citation | 226 N.W. 231,247 Mich. 583 |
| Parties | PEOPLE v. STEENECK. |
| Court | Michigan Supreme Court |
OPINION TEXT STARTS HERE
Error to Circuit Court, Cass County; Glenn E. Warner, Judge.
Henry Steeneck was convicted of selling intoxicating liquor, and he brings error. Reversed, and new trial ordered.
Argued before NORTH, C. J., and FEAD, FELLOWS, WIEST, CLARK, McDONALD, POTTER, and SHARPE, JJ. Elias P. Harmon, of Cassopolis, for appellant.
Asa K. Hayden, Pros. Atty., of Cassopolis, and Wilber M. Brucker, Atty. Gen., for the People.
Defendant was convicted on an information charging him with having sold 1 1/2 pints of intoxicating liquor to James Wesaw and T. G. Wright on September 5, 1928. Wesaw testified that, furnished with some money by the undersheriff of the county, he went to defendant's home, accompanied by Wright; that he there purchased several drinks of whisky, and also a pint and half pint in bottles and paid the defendant therefor; that he gave one of the bottles to Wright; that, after leaving, they were met by the sheriff and undersheriff; that his bottle was taken from him; that Wright threw his away, but it was recovered by the officers; that they all then went to the office of a justice of the peace at Cassopolis, where he made affidavit of such purchases and Wright signed an affidavit verifying the statements he had made. The bottles were identified and the liquor in them conceded to be intoxicating. Wright was then called. He admitted going to defendant's home with Wesaw, but testified that Wesaw furnished the liquor which was there drunk and gave him the bottle he had in his possession when met by the officers. This witness, over objection, was cross-examined by the prosecuting attorney at length as to what occurred at the home of defendant and as to the affidavit made by him.
The prosecution next called a deputy sheriff, who testified that about midnight of the same day he went to defendant's home, armed with a search warrant, issued on the affidavits of Wesaw and Wright, and on search found a quantity of ‘beer, liquor and some wine’ therein. He identified a bottle of which he had taken possession, the contents of which were conceded to be intoxicating.
The undersheriff, who had furnished the money to Wesaw, was then called and, over objection, was permitted to state what Wesaw and Wright said to him and the sheriff on the road and at the time of the signing of the affidavits. He also testified as to the search made and what was then found in defendant's home. On objection, the court said:
‘It is admitted only for the purpose of bearing upon the probability and credibility of the testimony; that is the only purpose it can be introduced for, and I will so instruct the jury when I come to it.’ It appears that the justice of...
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