State Op West Va. v. Lacy
| Decision Date | 09 March 1937 |
| Docket Number | (No. 8526) |
| Citation | 118 W.Va. 343 |
| Court | West Virginia Supreme Court |
| Parties | State op West Virginia v. Henry Lacy |
Intoxicating Liquors
Under Chapter 4, Article 6, Section 18, Acts of the Legislature of 1935, a search warrant based upon a complaint supported simply by an affidavit setting forth "sale" or "possession & sale" as the only facts for the affiant's belief that "alcoholic liquors are being manufactured, sold, kept, stored or in any manner held, used or concealed in a particular house, or other place in violation of law * * *" is invalid. Evidence obtained under such a search warrant is inadmissible.
Error to Circuit Court, Kanawha County.
Henry Lacy was convicted of having firearms in his possession while engaged in the unlawful sale, or in aiding or assisting another in an unlawful sale of alcoholic liquors, and he brings error.
Reversed and remanded.
Lee, Blessing & Steed and E. E. Robertson, for plaintiff in error.
Clarence W. Meadows, Attorney General, and Kenneth E. Hines, Assistant Attorney General, for the State.
The defendant, Henry Lacy, was tried, convicted and sentenced to the penitentiary for four years in the Inter- mediate Court of Kanawha County upon an indictment charging him with having firearms, actively or constructively, in his possession, while engaged in the unlawful sale, or in aiding or assisting another or others in such unlawful sale, of alcoholic liquors. Upon application for writ of error, the Circuit Court of Kanawha County affirmed the judgment of conviction.
This case involves the validity of two separate search warrants, one upon the complaint of R. M. Dial for the search of "that particular upstairs apartment located at 617 1/2 Kanawha Street * * * and occupied by Henry Lacy and others," and the other upon the complaint of R. C. Alderson for "that particular building upstairs located at 621 1/2 Kanawha Street * * * and occupied by Henry Lacy." Through a window in the rear of 621 1/2 Kanawha Street and a door in the rear of 6171/2 Kanawha Street, leading onto a common porch or platform, free access was had between the two premises.
The complaint, upon which the search warrant for 6171/2 Kanawha Street was based, is to the effect that affiant "complains and says that he has cause to believe that and does believe that alcoholic liquors, as defined by the West Virginia Liquor Control Act are being
* * * sold * * * in that particular upstairs apartment
* * * contrary to the laws of the State of West Virginia, and that the facts for which belief are Possession & Sale." The complaint for the premises known as 621 1/2 Kanawha Street is in the same form, but states that the facts for the affiant's belief are "sale."
Under the search warrants in question, a raid was made by members of the West Virginia Department of Public Safety at 9:30 o'clock p. m., on July 18, 1936. As a result of the raid, a large quantity of liquor was found stored at 617 1/2 Kanawha Street, in an apartment in which Lacy lived. No liquor was found at 621 1/2 Kanawha Street. At the time of the raid, the officers saw no sales of liquor while on the premises. When the officers entered 621 1/2 Kanawha Street, the waitress ran to the back of the premises through the window and into the rear of 617 1/2 Kanawha Street, followed by two officers. When the officers reached 617 1/2 Kanawha Street, they found the defendant with a Colt.44 revolver on his person. They immediately arrested, handcuffed, and took him to jail. Over objection, the state introduced testimony of prior sales at 621 1/2 Kanawha Street.
Objection was made to the evidence which was obtained as a result of the raid, and a motion was made to exclude the same on the ground that the warrants having been issued upon insufficient complaints were invalid. The trial court's action in. overruling the motion is stressed by counsel for the defendant as their principal ground of error.
And, under the foregoing statute, this court, on numerous occasions, has held that a search warrant based upon information, instead of facts, is sufficient compliance with the constitutional provisions (Section 6, Article 3, Constitution of West Virginia) relative to unreasonable search. State V. Kees, 92 W. Va. 277, 114 S. E. 617, 27 A. L. Pv. 681; State v. Horner, 92 W. Va. 285, 114 S. E. 620; State V. Montgomery, 94 W. Va. 153, 160, 117 S. E. 870; State v. Zink, 102 W. Va. 619, 135 S. E. 905.
The present statute (Acts 1935, Chap. 4, Art. 6,...
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State Of West Va. v. Rigsby, (No. 9304)
...had probable cause for his belief that the law is being violated as stated, is sometimes a difficult question. In State v. Lacy, 118 W. Va. 343, 190 S. E. 344, 346, we held that an affidavit or complaint setting forth "sale" and "possession and sale" as the only facts in support of the affi......
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State v. Rigsby
...person had probable cause for his belief that the law is being violated as stated, is sometimes a difficult question. In State v. Lacy, 118 W.Va. 343, 190 S.E. 344, 346, we held that an affidavit or complaint setting forth "sale" and "possession & sale" as the only facts in support of the a......
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State v. Rigsby
...person had probable cause for his belief that the law is being violated as stated, is sometimes a difficult question. In State v. Lacy, 118 W.Va. 343, 190 S.E. 344, 346, held that an affidavit or complaint setting forth "sale" and "possession & sale" as the only facts in support of the affi......
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State v. Lacy
...190 S.E. 344 118 W.Va. 343 STATE v. LACY. No. 8526.Supreme Court of Appeals of West Virginia.March 9, 1937 ... Submitted ... February 24, 1937 ... Syllabus ... by the Court ... Under ... chapter 4, art. 6, § 18, Acts of the Legislature of 1935, a ... search warrant based upon a complaint supported simply by an ... ...