State v. Estes
| Decision Date | 21 February 1929 |
| Docket Number | 21677. |
| Citation | 274 P. 1053,151 Wash. 51 |
| Parties | STATE v. ESTES. |
| Court | Washington Supreme Court |
Department 2.
Appeal from Superior Court, Grays Harbor County; Wm. E. Campbell Judge.
A. J Estes was convicted of possessing liquor with intent to sell it, and he appeals. Affirmed.
O. M Nelson, of Montesano, for appellant.
Austin M. Wade, of Aberdeen, and A. P. Wilson, of Montesano, for the State.
By complaint in the court of a justice of the peace the defendant was charged with the crime of possessing intoxicating liquor with intent to sell the same and was therein found guilty. From the judgment of conviction, he appealed to the superior court, where a trial before a jury resulted in a verdict of guilty. From the judgment entered upon the verdict, the present appeal is prosecuted.
The facts are these: The appellant resided at McCleary, in Grays Harbor county. On the lot adjacent to the house in which he was living were 22 automobile garages facing on an inner court or driveway, one of which the appellant had leased. The garages and the house in which the plaintiff resided were not owned by the same person. He leased his living quarters from one individual and the garage from another. At about 9 o'clock on the evening of February 11, 1928, two deputy sheriffs stationed themselves in a position where they could observe the house and the garages. During the evening from time to time persons would come to the house, be admitted, and soon thereafter the appellant would leave the house and go to the garage, which he had rented, and return again to the house. On the third trip as he was leaving the garage he was arrested. One of the officers testified that when the appellant would make these trips to the garage he could hear the clinking or rattling of bottles. At the time the appellant was arrested he had a paper sack in his arms, which contained six bottles of home brew beer. The arrest took place, as the appellant says 20 or 25 feet from the door of the garage and, as one of the officers says, 10 or 12 feet. After the arrest one of the officers took the key of the garage from the appellant's pocket, unlocked the garage, and there was found therein 2 or 3 gallons of moonshine whisky, 1 1/2 gallons of wine, and 4 cases of beer. After the arrest the appellant was charged, tried and convicted, as above set out.
The first question is whether the officers had a right to search the garage. They, at the time, had a warrant authorizing them to search the residence of the appellant, together with all rooms and outbuildings connected therewith. Whether this search warrant was sufficient to cover the garage it is not necessary here to inquire. The arrest of the appellant was legal and as a result thereof the officers had the right not only to search his person, but the garage as well, which was in close proximity to the place of arrest, and which the officers had observed the appellant enter on three occasions subsequent to 9 o'clock and prior to 10:45 p. m., when he was arrested. State v. Hughlett, 124 Wash. 366, 214 P. 841; State v. Basil, 126 Wash. 155, 217 P. 720; State v. Kittle, 137 Wash. 173, 241 P. 962; State v. Dutcher, 141 Wash. 627, 251 P. 879.
After the appeal to the superior court the appellant moved for a dismissal, because the case was not brought on for trial within 60 days, and this presents the second...
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