State v. Ridge

• Decision Date: 13 August 1925
• Docket Number: No. 3800.,3800.
• Parties: STATE v. RIDGE.
• Court: Missouri Court of Appeals

275 S.W. 59

STATE v. RIDGE.

No. 3800.

Springfield Court of Appeals. Missouri.

August 13, 1925.

Appeal from Circuit Court, Stoddard County; W. S. C. Walker, Judge.

Newt Ridge was convicted of transporting intoxicating liquor, and he appeals. Reversed and remanded.

J. W. Farris and Munger & Munger, all of Bloomfield, for appellant.

C. A. Powell, of Bloomfield, for the State.

BAILEY, J.

Defendant was charged by information in two counts with possessing and transporting intoxicating liquor section 6588, Revised Statutes of Missouri 1919, as amended by Laws 1921, p. 413. The jury acquitted defendant of possessing, but returned a verdict of guilty on the charge of transporting, assessing his punishment at a fine of $500; from which verdict and judgment defendant appeals.

Defendant assigns numerous errors committed in the trial of the case which are ably presented by printed brief. The prosecuting attorney has failed to provide this court with a brief, printed or otherwise, as the law provides, which failure adds greatly to the work of the court.

The first assignment is in relation to the refusal of defendant's peremptory instruction at the close of all the evidence. The state offered evidence tending to prove that, on the 25th day of May, 1923, defendant was seen by two witnesses to get out of an automobile on a country road and carry a black suitcase into an abandoned dwelling. One of the eyewitnesses went away and notified the sheriff by telephone in regard to what he had seen, while the other witness watched the house from a distance of some 150 yards. The latter saw defendant, or a man he believed to be defendant, leave the house after a few minutes without the suitcase. No one else was seen to approach or leave the house. In response to the telephone call, the deputy sheriff came and searched the old house, finding therein a black suitcase in which were four half gallon jars and two quarts, each containing what was called "white mule whisky."

During the trial the jars and suitcase were exhibited. The sheriff, while testifying, tasted the contents of each jar; it then appeared_that but one of the jars contained intoxicating liquor, the contents of the others being more or less water. The phenomenon of the "white mule" changing to water was explained by the fact that the jars containing the alleged liquor were kept in a cell at the jail, to which cell, jars, and contents thereof, certain prisoners obtained access, imbibing freely, and for deception's sake replenished the jars with water.

In support of his demurrer to the evidence, defendant urges there was failure of proof that the liquid found was intoxicating. The deputy sheriff who found the jars containing this liquid testified he tasted it at the time, and that it was "white mule whisky." He had been deputy sheriff for over three years, and had had a great deal of experience in seeing and judging intoxicating liquor. He further testified that "white mule whisky" made people drunk, and that this particular whisky was practically the same as other whisky he had captured on various raids, the drinking of which had caused men to become intoxicated....