State v. Reis

• Decision Date: 03 February 1925
• Docket Number: No. 18670.,18670.
• Citation: 268 S.W. 391
• Parties: STATE v. REIS et al
• Court: Missouri Court of Appeals

268 S.W. 391

STATE v. REIS et al

No. 18670.

St. Louis Court of Appeals. Missouri.

February 3, 1925.

Appeal from Circuit Court, Jefferson County; E. M. Dearing, Judge.

"Not to be officially published." "

Louis Reis and others were convicted of unlawfully manufacturing intoxicating liquor, and they appeal. Reversed and remanded for new trial.

John T. Manning, of St. Louis (James T. Roberts, of St. Louis, of counsel), for appellants.

Chas. J. White, Pros. Atty., of Festus, for the State.

BRUERE, C.

The defendants, appellants here, were convicted and fined $200 each on an information bottomed on section 6588, Revised Statutes 1919, as amended by the Laws of Missouri 1921, p. 414, charging that they did, on the 31st day of October, 1921, unlawfully manufacture intoxicating liquors, and did use and possess a still, doubler, worm, worm tub, mash tub, or fermenting tub, used and fit for use in the production of intoxicating liquors.

The facts in the case are not controverted. It appears that on the 31th day of October, 1921, the sheriff of Jefferson county, Mo., filed a statement, verified by oath, with the clerk of the circuit court of said county, which reads as follows "United States of America, Eastern District of Missouri, Eastern Division—ss.:

"Be it remembered that on this day, before me, the undersigned clerk of the circuit court within and for the county of Jefferson, state of Missouri, came Raymond H. Brady, sheriff, who, being by me duly sworn, deposes and says that he has good reason to believe, and does verily believe, that a fraud upon the revenue of the United States has been, and is being committed upon, and by the use of a certain still and a certain amount of intoxicating liquors being the premises of the Paul Mugle farm, and being situate in the county of Jefferson, and state of Missouri, and within the district above named."

Upon the filing of said statement the clerk of said circuit court issued the following search warrant:

"United States of America, Eastern Judicial District of Missouri, Eastern Division—se.:

"To Raymond H. Brady, sheriff of Jefferson county, Missouri, and to His Deputies, or Any of Them:

"Whereas, complaint on oath, and in writing, has this day been made before me, clerk of the circuit court, within and for Jefferson county, Missouri, by Raymond H. Brady, sheriff, alleging that he has reason to believe, and does believe, that a fraud upon the revenue of the United States is being committed upon and by the use of a certain still for manufacturing intoxicating liquors, being the premises of Paul Mugle and being situate in the county of Jefferson and state of Missouri and within the district above named.

"You are therefore hereby commanded, in the name of the President of the United States, to enter said premises with the necessary and proper assistance, and there diligently to investigate and search into and concerning said fraud and to report and act concerning the same as required of you by law.

"Given under my hand and seal on this 31st day of October, 1921. Ware Evans, Clerk Circuit Court."

"Return.

"Returned this 31st day of October, A. D. 1921. Served by making search as within directed, upon which search I found: 1 large triple condenser still, about 250 gal. capacity, about 50,000 gal. sugar mash, one 5-ton Diamond T. truck, and about 84 sacks of corn sugar. Raymond H. Brady, Sheriff, Jefferson County, Mo., per C. D. Clark, Deputy."

"Filed Dec. 12, 1921. Ware Evans, Clerk Circuit Court."

On the 10th day of May, 1922, and before the trial of this cause, the defendants filed their motion to suppress the evidence obtained by the sheriff in the execution of the search warrant, on the ground that the search warrant was issued without warrant or authority of law, which motion was by the court overruled, to which action of the court the defendants objected and excepted.

The evidence upon which the defendants were convicted tends to show that: On the 31st day of October, 1921, the sheriff of Jefferson county, after obtaining the said search warrant, searched the premises known as the Paul Mugle farm, situate in the said county of Jefferson, and found, in the basement of a dwelling house situate thereon, a triple condenser still, a mash vat, and about 20,000 gallons of mash; all of which was fit for use in the production of intoxicating liquors. The sheriff found no one at the house where the still and mash were located, nor does the evidence show who was in the actual possession of said articles, or who occupied the said dwelling house. After finding the still and mash the sheriff arrested the defendant Reis at another house, located on said premises, about 100 yards away, and separated from, the dwelling house in which the still was found by a division fence. At the time of his arrest Reis stated to the sheriff that he had subleased the farm, and was in possession of it.

After the sheriff arrested...