State v. Lamont
| Citation | 149 A. 629 |
| Parties | STATE v. LAMONT. |
| Decision Date | 04 April 1930 |
| Court | Maine Supreme Court |
Exceptions from Superior Court, Cumberland County.
Winfield S. Lamont was tried for illegal possession of intoxicating liquor, and he brings exceptions to denial of his motion for a directed verdict.
Exceptions overruled, and judgment rendered for the State.
Argued before PATTANGALL, C. J., DUNN, STURGIS, BARNES, FARRINGTON, JJ., and MORRILL, A. R. J.
Ralph M. Ingalls and Walter M. Tapley, Jr., both of Portland, for the State.
John J. Clancy and David E. Knapp, both of Portland, for defendant.
Exception to denial of motion for directed verdict in the trial of the respondent for illegal possession of intoxicating liquor.
Upon the evidence, the jury were warranted in finding that, when deputy sheriffs searched the respondent's premises on August 3, 1929, admittance was denied them until they attempted to force the door. Upon entering the kitchen, they saw the respondent coming out of the toilet, alcohol had been poured into the toilet bowl, the kitchen itself smelled of alcohol, and a milk bottle in the sink had a small quantity of alcoholic liquid in the bottom. Two quarts of alcohol in a gallon can were found in a hide in a stairway leading up from the tenement above, to which, except for trespassers, the respondent and his family alone had access.
Prom these facts, the jury could have properly reached the conclusion that the respondent had intoxicating liquor in his possession, intended for sale. State v. Baranski, 127 Me. 488, 144 A. 400. There was no error in the refusal of the presiding justice to direct a verdict.
Exceptions overruled.
Judgment for the state.
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...obtaining a review by the Law Court. State v. Simpson, 113 Me. 27, 92 A. 898; State v. Bakerwicz, 119 Me. 122, 109 A. 392; State v. Lamont, 129 Me. 73, 149 A. 629. But in State v. Simpson, supra, in which the respondent was charged with a misdemeanor, it was held that, if both methods were ......
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