State v. Hartness
| Decision Date | 03 April 1928 |
| Docket Number | 21114. |
| Parties | STATE v. HARTNESS et al. |
| Court | Washington Supreme Court |
Department 2.
Appeal from Superior Court, Snohomish County; Ralph C. Bell, Judge.
Chas Hartness and another were convicted of violating the liquor laws, and they appeal. Affirmed.
Gordon D. Eveland, of Everett, for appellants.
C. T Roscoe and Charles R. Denney, both of Everett, for the State.
The appellants, Hartness and Anderson, were convicted of a violation of the liquor laws, and appeal from the judgment and sentence pronounced upon them.
Preliminary to their arrest for the offense for which they were subsequently convicted, a search warrant was sworn out before a justice of the peace, under which the officers searched the dwelling house in which the appellants resided and its immediate surroundings. The dwelling was a house boat in the Snohomish river, anchored to the shore, and was the property of the appellant Anderson; the other appellant being a boarder therein. No intoxicating liquors were found in the dwelling, but in the course of the search surrounding the house a pink flask containing moonshine whisky was found in the river near thereto. On the next day the officers returned and searched another boat house near the dwelling house, and connected therewith by a board plank leading from the one to the other. In that house there was found a quantity of homemade beer, and a barrel of berry wine containing some 150 gallons. Subsequently, an information was filed against the appellants directly in the superior court charging them with the unlawful possession of intoxicating liquors with the intent to sell and dispose of the same.
The officers preserved the moonshine whisky and, seemingly, some of the beer, to be used as evidence against the appellants. Prior to the trial, the appellants moved to suppress the evidence relating to the finding of the liquors, on the ground that it was procured by an unlawful search and seizure. The motion was based on the contention that the search warrant was so far irregular as not to authorize a search of the premises. The court denied the motion tentatively, holding that the evidence before it at that time was insufficient to enable it to rule upon the question saying that the admissibility of the liquor in evidence would depend on the preliminary proofs given at the trial. At the trial, certain of the liquor was offered in evidence, as well as the circumstance under which it was found, and was...
To continue reading
Request your trial
-
State v. Scott
... ... illegal search is at the trial. The preliminary motion to ... suppress is not permitted. Youman v. Com., 189 Ky ... 152, 224 S.W. 860, 13 A. L. R. 1303; Com. v. Meiner, ... 196 Ky. 840, 245 S.W. 890. The opinion in the Chandler case ... [41 Wyo. 450] cites State v. Hartness, 147 Wash ... 315, 265 P. 742, but the Washington case is clearly ... distinguishable. The order on the preliminary motion to ... suppress was not absolute, but only tentative, and the ... evidence on which the court acted was not before the ... appellate court ... We are ... of ... ...
-
State v. Holbert
...Ind.App. 304, 166 N.E. 289; Robertson v. State, 94 Fla. 770, 114 So. 534; Dukes v. Commonwealth, 196 Ky. 60, 244 S.W. 74; State v. Hartness, 147 Wash. 315, 265 P. 742; Fraterrigo v. State, 151 Fla. 634, 10 So.2d 361. In the case of State v. Durham, Mo., 367 S.W.2d 619, loc. cit. 623, the Co......
-
State v. Simone
...by the return.' See also, Robertson v. State, 94 Fla. 770, 114 So. 534; Dukes v. Commonwealth, 196 Ky. 60, 244 S.W. 74; State v. Hartness, 147 Wash. 315, 265 P. 742; Fraterrigo v. State, 151 Fla. 634, 10 So.2d By affirmatively stating at the trial that he had no objection to the admission i......
-
State v. Christensen
...v. Silvers, 70 Wash.2d 430, 432, 423 P.2d 539, cert. denied, 389 U.S. 871, 88 S.Ct. 156, 19 L.Ed.2d 152 (1967) (citing State v. Hartness, 147 Wash. 315, 265 P. 742 (1928)). See also State v. Cook, 31 Wash.App. 165, 639 P.2d 863 Because the record does not establish a knowing and intelligent......