State v. Aplin
| Decision Date | 04 January 1924 |
| Docket Number | 18041. |
| Citation | 221 P. 989,128 Wash. 36 |
| Court | Washington Supreme Court |
| Parties | STATE v. APLIN. |
Department 2.
Appeal from Superior Court, Walla Walla County; Mills, Judge.
C. B Aplin was convicted of unlawfully possessing intoxicating liquor, and he appeals. Reversed and remanded, with instructions to discharge.
J. W Brooks, of Walla Walla, for appellant.
A. J Gillis, of Walla Walla, for the State.
The appellant, Aplin, was convicted upon an information charging him with unlawfully having in his possession intoxicating liquors, and with having been theretofore convicted of a similar offense.
In the court below, the appellant moved to strike from the information the allegation charging a prior conviction, and the order of the court denying the motion constitutes the first error assigned. The question, however, does not require discussion here. It was before us in the cases of State v. Dericho, 107 Wash. 468, 182 P. 597, and State v Emonds, 107 Wash. 688, 182 P. 584, where we held, contrary to the appellant's contentions, and we are satisfied with the rule as there announced.
The appellant also moved for a new trial, basing his motion on the insufficiency of the evidence to sustain a conviction. The trial court denied the motion, and its ruling in this behalf presents the serious question involved. The evidence on the part of the state was, in effect, this: A certain lot in the city of Walla Walla, on which there is a dwelling house, was owned by one Brooks. Brooks had leased the premises to a Mrs. Wright, who occupied it with her family consisting of four minor children. The appellant was rooming in the house and boarding with Mrs. Wright, paying to her a consideration for the room and the board furnished him. On the evening of April 30, 1921, the sheriff of Walla Walla county procured a search warrant authorizing him to search the premises for intoxicating liquor. The sheriff accompanied by two deputies went to the house to make the search, reaching the place at some time between 9 and 10 o'clock at night. On reaching the house they gave an alarm at the door which the appellant answered. The officers told the appellant who they were and what their purpose was in visiting the what their purpose was in visiting house when a search of it was made. The officers did not find any intoxicating liquors in the house, and the search was continued into the yard surrounding it. At the northeast corner of the lot was a building used as a chicken house, and on searching this building the sheriff discovered a hole in the floor covered with straw near the lot line, in which hole he found a quart bottle of intoxicating liquor. Further search uncovered two similar bottles near the location of the first bottle, which had been...
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Reynolds v. State
... ... Cr. R. 155, 277 S.W. 647; Sizemore ... v. Comm., 202 Ky. 273, 259 S.W. 337. To constitute ... possession, there need not necessarily be an actual ... manucaption of the liquor, nor is it necessary that it be ... otherwise actually upon the person of the accused. State ... v. Aplin, 128 Wash. 36, 221 P. 989. There must, however, ... be a conscious and substantial possession by the accused, as ... distinguished from a mere involuntary or superficial ... possession. Baender v. Barnett, Sheriff, 255 U.S ... 224, 41 S.Ct. 271, 65 L.Ed. 597; Skidmore v. Comm., ... 204 Ky ... ...
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State v. Goddard
...possession of the liquor further than to show that this barrel was buried upon his premises, and under the rule laid down in State v. Aplin, 128 Wash. 36, 221 P. 989, evidence is insufficient to support the conviction. Appellant was the owner of the premises, was residing in the house near ......
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Walker v. State, N-498
...be an actually manucaption of the liquor, nor is it necessary that it be otherwise actually upon the person of the accused. State v. Aplin, 128 Wash. 36, 221 P. 989. There must, however, be a conscious and substantial possession by the accused, as distinguished from a mere involuntary or su......
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State v. Simpson, 22572.
... ... 688, 290 P. 336, the evidence ... introduced on behalf of the state is sufficient to support ... appellant's conviction; the weight of the evidence having ... been for the jury to determine ... Appellant ... relies upon the cases of State v. Aplin, 128 Wash ... 36, 221 P. 989, and State v. Potter, 137 Wash. 53, ... 241 P. 668. These cases are not in point; [165 Wash. 261] the ... evidence in the case at bar bringing it within the rule of ... the authorities first above cited ... The ... finding ... ...