State v. Uotila
| Decision Date | 11 October 1924 |
| Docket Number | 5540. |
| Parties | STATE ex rel. v. UOTILA. MUZZY, County Atty., |
| Court | Montana Supreme Court |
Appeal from District Court, Judith Basin County; John C. Huntoon Judge.
Proceeding by the State, under relation of John B. Muzzy, County Attorney of Judith Basin County, against Gust Uotila claiming certain intoxicating liquors. From judgment rendered, claimant appeals. Affirmed.
Earl Wineman, of Stanford, and J. W. Speer and Maddox & Church all of Great Falls, for appellant.
C. N. Davidson, Asst. Atty. Gen., and John B. Muzzy, of Stanford, for respondent.
On the afternoon of Sunday, December 16, 1923, C. S. Hanna and E. R. Small, special officers of the state of Montana, for the purpose of enforcing the laws of the state relating to intoxicating liquors, went into the defendant's place of business, known as a pool hall and soft drink parlor, in Geyser, Judith Basin county, searched the premises, found a quantity of intoxicating liquors, and took possession of the same, together with the furniture and fixtures contained in and about the place, amongst the articles seized being a beer bottle partly filled with moonshine whisky and a whisky glass.
On the following day, December 17, Hanna made a return to the district court, setting forth a particular description of the liquor and property seized, and of the place where they were seized, accompanied by a complaint charging that, at the time and place in question, the laws relating to intoxicating liquors were being violated by the defendant, Gust Uotila, in that he did then and there have and possess intoxicating liquors, for the purpose of being sold, bartered, exchanged, or disposed of; that the complainant detected a strong odor of liquor in said room, and, after having obtained permission from the defendant to do so, made a search of the premises, in company with said E. R. Small, and as the result thereof seized the articles mentioned in his return and arrested the defendant. The complaint concluded with a prayer that a warrant be issued, commanding the sheriff of Judith Basin county to keep and retain said liquor and property until discharged by process of law; that a hearing and adjudication be had thereon, upon said return and complaint, and for other appropriate relief.
On January 5, 1924, the defendant, Gust Uotila, filed an answer to the return and complaint, and also a verified claim for all of the property named therein, in which he denied that he was guilty of the offense charged against him, denied that he authorized said Hanna or any other person to search his premises, and alleged that such search was made without his consent and against his will; denied that the property seized was or had been used or kept by him or any other person with the intent to violate any law of this state relating to intoxicating liquor, claimed ownership of all of said property, and asked that it be returned to him.
Upon this complaint and return, and the defendant's answer and verified claim, a hearing was had before the court, at the conclusion of which, on January 16, 1924, judgment was duly given and made that all of said seized articles should be returned to the defendant, except the bottle containing the moonshine whisky and the whisky glass, which last-mentioned articles were referred to at the hearing and in the judgment as "Exhibit 3," and they were confiscated, forfeited, and ordered destroyed. From this judgment the defendant has appealed to this court.
1. Upon the hearing, over objection of the defendant, the state was allowed to introduce in evidence copies of the appointments and oaths of office of C. S. Hanna and E. R. Small as special officers of the state of Montana for the purpose of enforcing the laws relating to intoxicating liquors, certified by the secretary of state. These instruments showed that Hanna and Small were duly appointed as such officers on December 1, 1923, by the state board of examiners; that they took and subscribed their oaths of office on December 15, and filed the same in the office of the secretary of state on December 17.
Counsel for appellant contend that, because these oaths of office were not filed until December 17, Hanna and Small were not duly qualified officers on December 16th, and that all of their acts performed on said day, on the assumption that they were officers of the law, are null and void. This contention is without merit. Section 11085, Revised Codes 1921, amongst other things, authorizes the state board of examiners to appoint such officers, and provides that "before entering upon their duties they shall take and subscribe the oath of office in the same manner as a sheriff." Section 430, Revised Codes 1921, which is applicable to a sheriff provides that before he enters upon the duties of his office he shall take and subscribe the constitutional oath of office, and section 432, which is likewise applicable to a sheriff, says that the oath of office must be taken, subscribed, and filed within 30 days after the officer has notice of his appointment. Neither of these sections makes the filing of the...
To continue reading
Request your trial