State v. Lipps

• Decision Date: 19 January 1925
• Docket Number: (No. 15200.)
• Parties: STATE, v. LIPPS et al.
• Court: Missouri Court of Appeals

267 S.W. 942

STATE, v. LIPPS et al.

(No. 15200.)

(Kansas City Court of Appeals. Missouri.

January 19, 1925.

Appeal from Circuit Court, Daviess County; Nat G. Cruzen, Special Judge.

"Not to be officially published."

Thomas Lipps and Loren French were convicted of possessing a still used and fit for use in the production of intoxicating liquors, and they appeal. Affirmed.

L. B. Gillihan, of Gallatin, and L. W. Reed, of Breckenridge, for appellants.

Dean H. Leopard, of Gallatin, for the State.

TRIMBLE, P. J.

The defendants were jointly tried and convicted under an information charging them with having in their possession a still used, and fit for use, in the production of intoxicating liquors, made unlawful by section 6588, R. S. 1919, as amended by Laws 1921, p. 414. The jury assessed their punishment at a fine of $500. From judgment rendered therein, the defendants have appealed.

No appearance of counsel for either state or appellants 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 examine the record and render such judgment as the law requires.

We have performed this duty and fail to find reversible error in the record. The state introduced the evidence of the sheriff and his deputies that about 4 o'clock in the morning of December 8, 1922 (the information was afterwards filed on the same day), they went to a lonely and secluded spot on the banks of Grand river in Daviess county, Mo., and found a tent located within a few feet of a small cave, the entrance to which was somewhat covered or screened from observation. In said cave were a number of barrels containing mash or a mixture of crushed corn and water which was bubbling, being in a state of fermentation. There was also in the cave a coal oil heater, which was burning and furnishing heat therefor. In the tent were two copper boilers, one large and the other smaller. The latter was on the stove, and fitted with a tube soldered to an outlet therefrom, which tube was connected up with a coiled copper tube termed by the witnessed a worm, which was coiled within a receptacle, and having the end protruding therefrom in such way as that when the steam created by heating the contents of the boiler would pass out through the coiled tube it would be condensed by the cool water surrounding the coil and pour as liquid into a barrel for that purpose. The larger copper boiler was similarly arranged and had a corresponding coiled copper tube or worm, but the two were disconnected and were lying on the floor. There was evidence that the paraphernalia above described were "stills," and indeed they were referred to as "stills" by counsel for defendants in objecting to their being brought into the courtroom at the trial. There was also evidence that all that was necessary to produce intoxicating liquor by means of these appliances was to...