State v. Agalos
| Decision Date | 03 June 1919 |
| Docket Number | No. 1580.,1580. |
| Parties | STATE v. AGALOS. |
| Court | New Hampshire Supreme Court |
Transferred from Superior Court, Strafford County; Marble, Judge.
James Agalos was prosecuted for knowingly and criminally keeping for sale spirituous and intoxicating liquors. Verdict of guilty. Transferred after denial of a motion in arrest of judgment. Exceptions overruled.
Appeal from the municipal court of Rochester. The complaint charged that the respondent at Rochester on December 24, 1918, "did then and there unlawfully, knowingly, and criminally keep for sale spirituous and intoxicating liquors." A search warrant was issued, and in executing the same the officer found upon the premises of the respondent Jamaica ginger, but he did not sign the return of what he found until the respondent moved to quash the complaint for that reason, when the court permitted the return to be signed by the officer. To this the respondent excepted. The evidence tended to prove that the respondent kept Jamaica ginger for sale for beverage use, and that it contained 92 per cent. of alcohol. There was a trial by jury and a verdict of guilty. The respondent filed a motion in arrest of judgment, which was denied subject to exception.
Oscar L. Young, Atty. Gen., and Albert P. Sherry, of Dover, for the State.
Justin A. Emery, of Rochester, for respondent.
The respondent claims that the liquor which was legally taken by virtue of the search warrant was not properly admissible in evidence, because the return on the warrant was not signed by the officer who made the search; and an exception was taken to the ruling of the court allowing the return to be amended in that respect. It would seem that the court was authorized to allow the amendment by P. S. c. 253, § 13. But, whether this is true or not, the failure of the officer to sign the return did not render the evidence furnished by the bottles seized inadmissible. The method by which they were obtained and produced before the court, even if illegal, did not affect their value as evidence of what they contained. State v. Flynn, 36 N. H. 64; Boynton v. Trumbull, 45 N. H. 408, 410.
The complaint was evidently drawn under section 19, c. 147, Laws of 1917, which provided that—
"If any person, not being authorized by law to sell intoxicating liquor, shall sell, or keep for sale, any intoxicating liquor in any quantity, he shall be fined," etc.
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