State v. Hall
| Decision Date | 10 November 1924 |
| Docket Number | No. 15115.,15115. |
| Parties | STATE v. HALL. |
| Court | Missouri Court of Appeals |
Appeal from Circuit Court, Gentry County; John M. Dawson, Judge.
"Not to be officially published."
J. W. Hall was convicted of unlawfully possessing intoxicating liquor, and he appeals. Reversed and remanded.
Wm. G. Sawyers, of Maryville, for appellant.
Otto L. Curl, of Maryville, for the State.
Defendant was prosecuted under an information charging him with unlawfully possessing intoxicating liquor in violation of section 6588, R. S. 1919, Laws 1921, p. 414. He was convicted, and his punishment assessed at a fine of $500 and imprisonment in the county jail for one year. From the judgment rendered thereon, defendant has appealed.
No appearance of counsel for either state or defendant has been made, and no briefs or suggestions in support of either side have been filed. Nevertheless, it is our duty, under section 4106, R. S. 1919, to render judgment upon the record before us. In obedience to that statutory direction, we have examined the record, and find that it discloses the following:
Prior to the filing of the information above mentioned, the prosecuting attorney of Nodaway county, on August 11, 1922, filed his affidavit with the clerk of the circuit court of that county, stating that he "verily believed" that "in the building known as the frame shingle roof dwelling house of J. W. Hall in the city of Hopkins, in Nodaway county, Mo., intoxicating liquors are being stored, or kept, or manufactured, or sold, contrary to article 7 of chapter 52 of the R. S. of Mo. 1919, and amendments thereto," and asked that a search warrant issue.
On the same day the circuit clerk issued' what is denominated a "search warrant," reciting the filing of such affidavit, and directing the sheriff in the name of the state
Under this document the sheriff and his deputy went to defendant's home, arriving: there about 10 o'clock at night, and upon going into the house through the front door found a lady of defendant's household (defendant's mother) in bed. Hastily backing out the front door, one of them went around to the back door and entered, and found defendant and a man by the name of McCleave in bed. The officers informed defendant they had a search warrant to search his place, and then made a careful search through the house, but found nothing. Then the deputy went to an outhouse on the premises which, in the language of the deputy, was "Just a kind of a small building and a lot of traps in there," or, as the sheriff put it, a "woodshed, or kind of a storeroom," with a "lot of stuff in there." This shed or building was on the alley, with no fence between the shed and the alley; any one going along the alley could readily go to and return from the shed. Upon entering the shed, the deputy threw his flashlight about, and found a bottle with about two inches of intoxicating liquor in it "setting around beside the door, just as you stepped in." Upon being shown the bottle and told where it had been found, defendant said it was not his, and he knew nothing of it being there. There was no evidence expressly stating that the liquor belonged to defendant, all that was shown was that the bottle was found...
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