State v. Pierce
| Decision Date | 06 March 1925 |
| Docket Number | No. 3775.,3775. |
| Citation | 269 S.W. 406 |
| Parties | STATE v. PIERCE |
| Court | Missouri Court of Appeals |
Appeal from Circuit Court, Ripley County; Almon Ing, Judge.
William Pierce was convicted of possessing intoxicating liquor, and he appeals. Reversed, and defendant discharged.
Defendant was found guilty on a charge of unlawfully possessing intoxicating liquor, and his punishment fixed at a fine of $200 and 30 days in jail. From this judgment defendant perfected his appeal to this court.
No brief or argument has been filed, Either by appellant or respondent. We must, therefore, search through the record and bill of exceptions for possible error. The information is regular, charging the defendant with unlawful possession of intoxicating liquor, of date January 26, 1924. A search warrant, issued by a justice of the peace and based on an affidavit of the prosecuting attorney, was evidently held to be defective by the trial judge and, on motion, the evidence obtained by the officers under that search warrant was suppressed. The reason for holding the search warrant defective is not disclosed by the record. There being no Objection to the court's ruling thereon, it will be presumed the court's action was, in that respect, entirely proper. State v. Jackson, 106 Mo. 174, 17 S. W. 301; State v. Hodges, 144 Mo. 50, 45 S. W. 1093; State v. Cochran, 147 Mo. 505, 49 S. W. 558.
The affidavit for the search warrant, and the search warrant itself, recite the place where defendant was alleged to be in unlawful possession of intoxicating liquor, as follows: "On the premises and in the dwelling house of W. M. Pierce, near the home of T. B. Little." The only further designation of the place is that it was in the county of Ripley and state of Missouri.
The case was, tried on the theory that no evidence was admissible as to what occurred inside defendant's house, but that anything that occurred outside the house in connection with the arrest was admissible. The raid was made in January, 1924, by the sheriff of Ripley county and his deputies. The evidence discloses that about a pint of whisky was found in the yard outside defendant's house under the following circumstances: While the sheriff was searching the house, one of the deputy sheriffs saw defendant's daughter come out of the house and place a quart jar, containing some liquid, behind a tree near the rear of the house. This liquid was afterwards shown to be whisky. There was no other liquor found. Defenda...
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State v. Park
...nighttime under Sec. 4117, R.S. 1919. (2) Everything that happened in connection with the search warrant should be suppressed. State v. Pierce, 269 S.W. 406; State v. Randazzo, 300 S.W. 755. (3) It was error to admit the testimony of the witnesses as to the alleged stolen tires and harness ......
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State v. Scott
...and therefore insufficient to permit a search of any part of the premises. United States v. Leach, (D. C. Del.) 24 F.2d 965; State v. Pierce, (Mo. App.) 269 S.W. 406. affidavit in the case at bar was accepted as a sufficient showing of probable cause for the issuance of a warrant for the se......
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State v. Park
... ... stolen property, and no positive proof that would authorize a ... search in the nighttime under Sec. 4117, R. S. 1919. (2) ... Everything that happened in connection with the search ... warrant should be suppressed. State v. Pierce, 269 ... S.W. 406; State v. Randazzo, 300 S.W. 755. (3) It ... was error to admit the testimony of the witnesses as to the ... alleged stolen tires and harness which they took on the ... second search April 9th. State v. Perkins, 285 S.W ... 152. The officers after executing the search ... ...
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State v. Wilkerson
... ... on their full indirect use would only invite the very methods ... deemed 'inconsistent with ethical standards and ... destructive of personal liberty.'" [Nardone v ... United States, 308 U.S. 338, 342; Flagg v. United ... States, 233 F. 481; State v. Pierce (Mo. App.), ... 269 S.W. 406.] That the automobile had altered motor numbers ... on it and was therefore contraband does not change the result ... as to the admission of the evidence though that fact may have ... some bearing on the defendant's right to its return ... Again, to quote Judge ... ...