State v. Alexander

• Decision Date: 22 December 1925
• Docket Number: No. 26490.,26490.
• Citation: 278 S.W. 709
• Parties: STATE v. ALEXANDER.
• Court: Missouri Supreme Court

278 S.W. 709

STATE v. ALEXANDER.

No. 26490.

Supreme Court of Missouri, Division No. 2.

December 22, 1925.

Appeal from Circuit Court, Dunklin County; W. S. C. Walker, Judge.

G. O. Alexander was convicted of selling intoxicating liquor, and he appeals. Affirmed.

Robert W. Otto, Atty. Gen., and James A. Potter, Sp. Asst. Atty. Gen., for the State.

Statement.

RAILEY, C.

On May 31, 1924, the prosecuting attorney of Dunklin county, Mo., filed in the circuit court of said county a verified information charging therein that, on or about the 14th day of February, 1924, the defendant G. 0. Alexander, did, in the county of Dunklin aforesaid, unlawfully and feloniously, sell certain intoxicating liquors, commonly called moonshine, corn whisky, to wit, one-half pint more or less; said intoxicating liquors then and there containing more than one-half of one per cent. of alcohol by volume, against the peace and dignity of the state. He waived arraignment on July 21, 1924, and entered a plea of not guilty. He was tried before a jury, and the latter, on above date, returned the following verdict:

"We, the jury, find the defendant guilty as charged in the information, and assess his punishment at a fine of $500.

                   "D. P. Hall, Foreman."
                

On July 23, 1924, appellant filed his motion for a new trial, which was overruled, and thereafter, on the same day, he was granted alocution, judgment rendered, and sentence passed upon him in conformity with said verdict. Thereafter, on the same day, he was granted an appeal to this court.

State's Evidence.—Mr. I. F. Palmer testified as a witness for the state substantially as follows: That he lives in St. Louis Mo., knows the defendant, and, on February 14, 1924, bought a pint of "moonshine" whisky from him in Dunklin county, Mo., and paid him $1.50 therefor. Witness produced before the jury a half pint of the above "moonshine" whisky, which he bought from appellant in Dunklin county, Mo., at the St. Francis river bridge. On cross-examination, he testified that Cecil Overall and Tom Sparks were with him when he bought the whisky from defendant near the approach of said bridge, about noon on above date; that he had seen defendant before in Kennett; that defendant had been pointed out to him as a bootlegger; that he asked defendant for the whisky; that, while they were at defendant's well, he let them know he had some "moonshine" whisky; that he drank a little of the whisky after buying it from defendant, so he would know it was what he had ordered. On re-examination, witness said defendant went down about one-half a quarter to the approach of the bridge, and brought him the whisky; that Overall and Sparks saw defendant bring him the whisky; that his occupation was mostly catching bootleggers; that he is paid $5 per day for his services whether he catches anybody or not.

Mr. M. C. Overall testified for the state substantially as follows: That on February 14, 1924, he saw Palmer buy some "moonshine" whisky from defendant, on the Missouri side of the St. Francis river, at the Holly Island bridge; that Palmer bought one pint of "moonshine" whisky from defendant, and paid him $1.50 for same, in Dunklin county, Mo.; that he tasted the liquor which Palmer bought from defendant; that it was "moonshine" whisky. On cross-examination, witness testified that they went to defendant's premises to get the whisky from him; that Foree was paying him $5 per day for his services; that he (witness) is deputy constable of Holcomb township.

Mr. G. H. Foree testified for the state, that he lived in St. Louis, Mo., and knew Palmer and Overall; that Palmer brought him a fiat half-pint bottle of "moonshine" whisky on February 14, 1924, which he identified in court; that he saw this whisky in the flat bottle tested, and it contained 58 per cent. alcohol by volume; that he had 4 years' experience in testing intoxicating liquors; that he was employed by the citizens of Dunklin county, Mo., in securing this evidence; that he tasted the contents of the bottle, and it was "moonshine" whisky.

The whisky was then offered in evidence, and Foree, being recalled, said "moonshine" whisky would burn on account of the alcohol in it, if there is more than one-half of one per cent. alcohol. The prosecuting attorney poured out some of this whisky in the presence of the jury, and it burned.

Defendant's Evidence.—The evidence for defendant tended to show that the state's witnesses Palmer, Overall, and Sparks came to defendant's home about noon on February 14, 1924, and inquired for whisky; that defendant told them he did not have any whisky; that he did not sell them any whisky on that occasion; that defendant's witnesses Howard, Shands, and Gargus were all present when the above witnesses for the state came to see...