State v. Schaeffer
| Decision Date | 15 June 1925 |
| Parties | STATE OF MISSOURI, RESPONDENT, v. W. C. SCHAEFFER, APPELLANT. [*] |
| Court | Kansas Court of Appeals |
Appeal from the Circuit Court of Jackson County.--Hon. E. E Porterfield and Charles R. Pence, Judges.
AFFIRMED.
Judgment affirmed.
No briefs filed.
Trimble, P. J., absent.
This is an appeal by defendant W. C. Schaeffer from a verdict of guilty in the criminal court of Jackson county, Missouri.
The indictment was in three counts, the first charging that defendant on "the 25 day of July, 1923," at the county of Jackson, and State of Missouri, did then and there unlawfully and feloniously use and possess a still, doubler, worm, worm tub, mash tub and fermenting tub . . . used and fit for use in the manufacture and production for sale of a certain quantity of intoxicating liquors, to-wit, thirty-eight barrels of mash and twenty-eight gallons of "corn whiskey" "hootch" and "moonshine," etc.
In the second count defendant is charged as of same date, with unlawfully and feloniously making, manufacturing, brewing and distilling a certain quantity of intoxicating liquors, to-wit, thirty-eight barrels of mash and twenty-eight gallons of "hootch," "moonshine" and "corn whiskey," etc.
The third count charges that Joseph Forte and W. C. Schaeffer, on July 25, 1925, in the county of Jackson and State of Missouri, "did then and there unlawfully have in their possession a certain quantity of intoxicating liquors, to-wit, thirty-eight barrels of mash and twenty-eight gallons of "hootch" "moonshine" and "corn whiskey," etc.
The case was tried in Division 7, then holding as the Criminal Division "C" of the circuit court of Jackson county. The record discloses that the jury, after hearing all the evidence, returned the following verdict: "We, the jury, find the defendant W. C. Schaeffer guilty of manufacturing, making, brewing and distilling intoxicating liquor on second count of the indictment and assess his punishment at three months in the county jail and pay a fine of five hundred dollars."
Motions for new trial and in arrest were ineffectual and defendant appeals. Judgment was entered in accordance with the verdict.
No briefs were filed by counsel and we have before us only the transcript of the record and the bill of exceptions. Under the provisions of the statute (sec. 4106, R. S. 1919), we are required to examine the whole record for errors, and this we have done. [State v. Lipps, 267 S.W. 414; State v. Wright, 236 S.W. 395; State v. Barton (Mo.), 209 S.W. 888.] We find that at the close of the State's case, and at the close of the entire case, defendant offered instructions in the nature of a demurrer to the evidence, which were overruled and these rulings, among other things, are assigned as error in the motion for a new trial.
The facts show that the marshal of Jackson county, through his regularly appointed deputies, under a search warrant, made a search of defendant's premises located at 124th and Holmes streets, in said county. The said premises consist of twenty acres of land and a number of buildings, fitted and used in breeding, hatching and selling chickens, and is known as the "Heart of America Poultry Farm." Defendant's residence is on the property. About 250 to 300 feet north of the residence is a house known as a breeder and incubator house. It is two stories in height and one of the employees of defendant lives with his family in the upper story. The breeder house is described as being about sixty to sixty-five feet in length and twenty feet wide. Along the south side of the first story and about ten feet from the south wall is a wallboard partition, about as high as a man's head, and also from a point about ten feet from the west wall this partition continues at the same height, across the west end of the room, and joins the north wall. With the exception of the rooms made by this partition the ground floor of the building is all one room. Within the "L" shaped room which is ten feet in width were found a 1500-egg incubator and some mash for feeding chickens. The partition wall has two doors for entrance to the larger room. Within the larger room were found thirty-eight barrels of mash and twenty-eight gallons of "corn whiskey" commonly called "hootch" or "moonshine," and a still in operation. The State's testimony shows that the gas was turned off by the officers making the search, and when the still had cooled off sufficiently three and one-half gallons of the "corn whiskey" were drawn therefrom. The mash was destroyed and the still taken away by the raiding officers.
As stated above the verdict of guilty was based upon the second count of the indictment charging unlawful and felonious manufacturing, making, brewing and distilling of the liquor and mash specified. This count therefore is the only one for our...
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