Snedegar v. State

• Decision Date: 05 February 1926
• Docket Number: No. 24585.,24585.
• Citation: 150 N.E. 367,198 Ind. 182
• Parties: SNEDEGAR v. STATE.
• Court: Indiana Supreme Court

198 Ind. 182

150 N.E. 367

SNEDEGAR

v.STATE.

No. 24585.^*

Supreme Court of Indiana.

Feb. 5, 1926.

Appeal from Putnam Circuit Court; Jos. P. Hughes, Judge.

Thomas S. Snedegar was convicted of unlawfully having in his possession a still and distilling apparatus for the manufacture of intoxicating liquor, and he appeals. Affirmed.

E. W. Hoover, of Indianapolis, for appellant.

U. S. Lesh, Atty. Gen., and Mrs. Edward Franklin White, Deputy Atty. Gen., for the State.

MYERS, J.

On September 29, 1923, appellant in the court below by affidavit was charged with unlawfully having in his possession a still and distilling apparatus for the manufacture of intoxicating liquor. Acts 1923, p. 107, c. 33. Thereafter he was tried and convicted. He assigns as error the overruling of his motion for a new trial, wherein it is asserted that the decision of the court is not sustained by sufficient evidence and is contrary to law; also that the court erred in admitting certain documents and testimony in evidence.

It appears from the undisputed evidence that appellant, on September 14, 1923, and for a month continuously prior thereto, had the active supervision and was in control of a certain 68-acre tract of farm land situate in Floyd township, Putnam county, Ind., on which, and about 100 to 150 yards from a public highway, was located one dwelling house, a small barn, and small outbuildings; that the title of this land was in Espie S. Snedegar, who, from the statements of appellant, was his son. To those who lived in the neighborhood of this farm appellant represented that his name was Jones. At the trial the witnesses identified Jones as the man on trial by the name of Thomas S. Snedegar. On September 14, 1923, an affidavit for a search warrant in the form prescribed by statute was filed with the mayor of the city of Greencastle, who thereupon issued a search warrant to Julius Bryan commanding him to search the house, barn, and outbuildings on the 68-acre tract of land, fully described in the affidavit and in the search warrant, for intoxicating liquors, stills, and devices kept for the purpose of manufacturing intoxicating liquor. Pursuant to the command of this warrant, but in the absence of appellant, Bryan, with others, including the sheriff of Putnam county, entered the house above mentioned, where, in an upstairs room, they found one complete 150-gallon still in operation, about 75 gallons of white mule whisky in jugs and in one barrel, and several gallons of mash. Otherwise the house was practically empty.

Appellant, who said to his Putnam county neighbors that his home was in Greenwood, Ind., claimed that he was out on this farm arranging to improve it in the way of new buildings for the owner, who was a boy. The evidence shows that appellant was about the house from three to four days a week; that he had a small truck which he used to travel about the country; that he would come and go at all times day and night, his truck, to appearances, usually loaded with empty chicken coops. He had a bunch of chickens about the house, and gave out the information that he was in the chicken business. It appears that upon one occasion 18 or 20 25-pound sacks of sugar and two jugs were seen in his truck practically hidden by chicken coops. He was also seen to have barrels in his truck. Residents of that neighborhood and adjoining landowners, in passing along the road in front of this house, observed what appeared to be steam coming...