State v. Phillips, 22826.

• Decision Date: 24 June 1931
• Docket Number: 22826.
• Citation: 300 P. 521,163 Wash. 207
• Parties: STATE v. PHILLIPS.
• Court: Washington Supreme Court

300 P. 521

163 Wash. 207

STATE v. PHILLIPS.

No. 22826.

Supreme Court of Washington

June 24, 1931

Department 2.

Appeal from Superior Court, Snohomish County; Ralph C. Bell, Judge.

Raymond D. Phillips was convicted of unlawful possession of intoxicating liquor with intent to sell the same, and he appeals.

Affirmed.

John C Richards and Earl W. Husted, both of Everett, for appellant.

Charles R. Denney, of Everett, for the State.

MILLARD J.

The defendant was found guilty, by the verdict of a jury, of the crime of unlawful possession of intoxicating liquor, with intent to sell the same. From the judgment and sentence pronounced against him on the verdict, the defendant appeals.

Contending that his arrest at the Miller residence was unlawful and therefore, the subsequent search and seizure were unlawful appellant insists that the court erred in denying his motion to suppress the evidence consisting of fifteen gallons of moonshine whisky seized by the officers of the dry squad without a search warrant, and in admitting the seized liquor in evidence upon the trial.

On April 4, 1930, two federal prohibition agents, who had on two prior occasions purchased intoxicating liquor at the Ervin Miller residence in the city of Everett endeavored to buy some liquor from Miller. The agents were informed by Miller that he did not have the money with which to make the purchase, whereupon the federal officers paid $32 to Miller who told the officers the whisky would be delivered at his home at 11 o'clock that night. This information was at once communicated by the federal agents to the chief of the police department of Everett. About 9 o'clock that evening the chief of police and two other city policemen with a search warrant, entered the residence of Miller but did not find any intoxicants. Pursuant to the instructions of their chief, the two policemen remained within the Miller house to await the delivery of the liquor ordered by the two federal agents. About 11 p. m. the appellant knocked on the door of Miller's residence. Miller was not permitted by the officers to answer. One of the officers opened the door. Standing at the entrance was the appellant, to whom Miller immediately said, 'They're raiding.' The appellant came into the house in obedience to the command of the officers, and was by them placed under arrest. When the appellant noticed one of the officers proceeding from the house towards a Ford roadster parked in front of the house, the appellant shouted to the officer 'Turn off the motor.' The door of...