State v. Harris
| Decision Date | 27 July 1925 |
| Docket Number | 19312. |
| Citation | 135 Wash. 446,237 P. 1005 |
| Parties | STATE v. HARRIS. |
| Court | Washington Supreme Court |
Department 2.
Appeal from Superior Court, Walla Walla County; Edward C. Mills Judge.
Jack Harris was convicted for unlawful possession of intoxicating liquor and of having once before been convicted of a like offense, and he appeals. Affirmed.
Earl W Benson, of Walla Walla, for appellant.
J. W Brooks, of Walla Walla, for the State.
The appellant, Jack Harris, was charged with the offense of unlawful possession of intoxicating liquor, and of having once before been convicted of a like offense. The jury found him guilty as charged, and the appeal is from the judgment and sentence pronounced upon the verdict.
The assignments of error raise but a single question, namely, the sufficiency of the evidence to justify the verdict. And this question is further narrowed to the evidence introduced to show unlawful possession; it is not questioned that the evidence was sufficient to show the former conviction. On the question of unlawful possession the evidence was, in substance, this: The sheriff of Walla Walla county, at about 6 o'clock in the evening of August 14, 1924, received a telephone call notifying him that certain persons were conducting themselves disorderly in a dwelling house situated in East Walla Walla. Shortly thereafter he went to the place from whence the call came, and, after making further inquiry as to the nature of the disorderly conduct, caused a search warrant to be sworn out, authorizing a search of the place at which the disorderly conduct occurred for intoxicating liquor. Armed with the warrant, he went to the place, and found the appellant and a young woman on the porch of the dwelling. It was then quite dark, and there were no lights either on the porch or in the house. The sheriff informed the parties of the purpose of his visit, and told them to go in the house and turn on a light when he would read the warrant to them. The appellant and the young woman preceded the sheriff into the house. The appellant on entering the house began pouring some form of liquid from a bottle onto the floor. The bottle was seized by the sheriff before all of its contents were poured out, and it subsequently proved that the bottle contained intoxicating liquor capable of being used as a beverage. There was a third person in the house when the sheriff entered. All of the persons were found to be under the influence of intoxicating liquor. The appellant was arrested for the offense of unlawful possession of intoxicating liquor and the others for...
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State v. Johnston
...being intoxicated at the time of the arrest, we think this is admissible. State v. Thompson, 132 Wash. 125, 231 P. 461; State v. Harris, 135 Wash. 446, 237 P. 1005; 16 574. We find no error in the record. Judgment affirmed. MACKINTOSH, C.J., and PARKER, MITCHELL, and TOLMAN, JJ., concur. ...
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State v. Gohn
...he knew or suspected intoxicants were located, and destroyed the contraband to defeat the officers in their search. In State v. Harris, 135 Wash. 446, 237 P. 1005, 1006, when the house in which the appellant was a visitor was raided, the appellant picked up from a in the house a bottle of l......