State v. Smith
| Decision Date | 25 April 1933 |
| Docket Number | No. 5157.,5157. |
| Parties | STATE v. SMITH. |
| Court | Missouri Court of Appeals |
Appeal from Circuit Court, Crawford County; Will H. D. Green, Judge.
"Not to be reported in State Reports."
E. J. Smith was convicted of possessing intoxicating liquor, and he appeals.
Affirmed.
Defendant, E. J. Smith, was charged by information with the possession of intoxicating liquor on the 18th day of November, 1930. Trial was had in the circuit court of Crawford county on the 23d day of October, 1931, before a jury which returned a verdict of guilty and assessed the punishment at a fine of $700 and the court rendered judgment accordingly. From this judgment defendant has appealed.
The evidence on the part of the state tended to prove that, in November, 1930, Mr. Chris Enke, a deputy sheriff of Crawford county, armed with a search warrant and accompanied by other officers, searched a farm house at a place known as the Hugh Henderson farm about three miles East of Steelville, Mo. In this farm house said officer testified that he found six full pints of corn whisky and some half pints. He further testified that at that time Mr. Smith was in said residence and admitted that he was proprietor of the place; the record also contains an admission made by defendant to the former prosecuting attorney to the effect that the liquor seized was his. There was some evidence on the part of the defendant that the farm house raided had been leased by other parties and he denied possession of the liquor but did not deny that he had confessed previously to the ownership of the liquor. It is unnecessary to further review the evidence.
No briefs have been filed by either side on this appeal. We have looked to the motion for new trial to determine whether any error has occurred and have examined the whole record in the case as required by law.
On the 20th day of October, 1931, three days prior to the time this case was tried, defendant filed an application for a continuance alleging that he could procure the testimony of an absent witness, one Hugh Henderson, who would testify that he was the owner of the land described in the search warrant and that at the time the search was made the property was leased to one Beckett and that said witness would testify that the intoxicating liquor described in the information was not the property of the defendant and not in possession of the defendant. Part of the allegations of the affidavits for continuance...
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