State v. Turner

• Decision Date: 04 March 1924
• Docket Number: No. 25201.,25201.
• Citation: 302 Mo. 660,259 S.W. 427
• Parties: STATE v. TURNER.
• Court: Missouri Supreme Court

259 S.W. 427

302 Mo. 660

STATE v. TURNER.

No. 25201.

Supreme Court of Missouri, Division No. 2.

March 4, 1924.

Appeal from Circuit Court, Pemiscot County; H. C. Riley, Judge.

Will Turner was convicted of having intoxicating liquor in his possession, and appeals. Affirmed.

Mayes & Gossom, of Caruthersville, for appellant.

Jesse W. Barrett, Atty. Gen., and Allen May, Sp. Asst. Atty. Gen., for the State.

WHITE, J.

Appeal from judgment rendered in the circuit court of Pemiscot county, upon verdict of a jury April 11, 1923, finding the defendant guilty of having in his possession intoxicating liquor in violation of section 6588, R. S. 1919, as amended by the Laws of 1921, p. 414, and assessing the defendant's punishment at a fine of 81,000, and imprisonment for one year in the county jail.

In making out its case the, state swore deputy sheriff T. L. Mathis, of Pemiscot county, who testified that January 13th he and four other officers saw a crowd of darkies going into the defendant's house, and through a window saw darkies shooting craps. A gambling game, plain to observation, was in progress. The officers entered the room and found upon a table, used for the purpose of the game, a "take-off box," a technical term, not explained. The officers inquired who was running the game, and in pursuing that inquiry found the defendant, Will Turner, "in the other room," and arrested him for running a gambling house. In that room the officer saw a door standing open and saw a jug which contained white corn whisky. The state showed also that Turner, after his arrest, claimed the money in the "take-off box" used hi connection with the crap game. Two other deputies sheriff corroborated the statement of Mathis. The sheriff of Pemiscot county testified that he examined the contents of the jug discovered by the deputies, and found it contained corn whisky.

The defendant denied that he had anything to do with the crap game, or that he claimed the money in the take-off box; denied that the part of the house which he occupied had any connection with that part in which the crap game was in progress or that it was under his control. The jury on this evidence, found the defendant guilty, as stated.

I. This court is given jurisdiction by a motion filed before trial on March 20, 1923, wherein the defendant asked the trial court to quash a search warrant, and to suppress evidence obtained by the sheriff by reason of an unlawful search in violation of section 11, art. 2, of the Constitution of the state of Missouri. In the motion no specific defect in the search warrant was pointed out, and no search warrant was introduced. On the contrary, the state made an admission which indicated that whatever search may have been made was made without a warrant. The court then took evidence offered by the defendant upon his motion to suppress. The defendant and others swore to facts indicating that his premises were entered without authority, and the possession of the liquor discovered by that unlawful proceeding. Manifestly the trial court did not believe the evidence offered, for it overruled the motion, and appellant assigns error to the ruling. The state offered no evidence on the motion.

II. Through the window the sheriffs saw in operation the violation of law—a crap game—and had a right, without a warrant, to arrest any one connected with it, the offense being committed in their presence and view. The defendant was arrested in connection with the conduct of the gambling operation ; although he denied his connection with it, the evidence is sufficient to sustain a finding that he was operating a crap game. The officer, being on the premises, had authority to arrest him. The evidence also is conflicting as to whether the rooms of the house were under different control. The finding on this point was in favor of the state, so that the entry upon all premises...