State v. Williams

• Decision Date: 02 February 1945
• Docket Number: 15708.
• Citation: 32 S.E.2d 887,206 S.C. 70
• Parties: STATE v. WILLIAMS.
• Court: South Carolina Supreme Court

32 S.E.2d 887

206 S.C. 70

STATE v. WILLIAMS.

No. 15708.

Supreme Court of South Carolina

February 2, 1945

W D. Jenerette, of Mullins, for appellant.

J Reuben Long, of Conway, for respondent.

OXNER Justice.

DeWitt Williams, Ellis Alford, and J. F. Alford were charged in an indictment with unlawfully having in possession, storing and transporting alcoholic liquors which did not have South Carolina revenue stamps affixed to the container thereof, and with unlawfully manufacturing alcoholic liquors without a license. They were found guilty by a jury as charged. A motion for a directed verdict as to all three defendants was made and refused by the trial Judge. The defendant DeWitt Williams alone has appealed. The principal question for determination is whether the evidence as to him was sufficient to require the trial Judge to submit the case to the jury.

The testimony offered by the State was substantially as follows About noon, on Sunday, July 26, 1943, a deputy sheriff of Horry County, along with two other officers, went in a car to the PeeDee River which was at overflow stage. Before reaching the river, they noticed that an automobile or truck had preceded them. They followed the trail of this vehicle down a path, across woods and grass, to a point where it could go no farther on account of high water. There they found parked a pick-up truck, which they recognized as belonging to appellant, with three suits of clothes in it. At this point they parked their automobile and on foot followed some fresh tracks which led from the truck down a path to the edge of the water. They waded into this overflow and before getting to the river, heard some one coming. They stopped and the defendant J. F. Alford came up to them in a boat. The officers inquired of him where his partners were, to which he replied that he was alone. He claimed that he was fishing but the officers saw no fishing tackle or fish. He then stated that he could show them tracks on the river bank where he had been fishing. All went back to the river bank and being unable to find any such tracks, came back to the point near where they had left. About this time, while standing in water up to their waists, the officers heard some one whistle. This person could not be seen on account of the growth in the swamp, but appeared to be moving in water about 50 yards away. The officers requested J. F. Alford to answer the whistle. He said he was unable to whistle. The officers then told him to call the party and tell him to come out. Alford called and in response two persons waded toward them and when a short distance away were recognized as the other two defendants, Ellis Alford and DeWitt Williams. These two men had a jug partially filled with water, a frying pan, a sack which had contained groceries, and a few ears of corn. Appellant stated that he had been in the swamp for two or three days and walked to get there. The officers stated that the water was still at this point and the passage made by the two men in coming to them was clearly visible and could be easily followed. After a brief conversation with these two defendants, the officers, following the "suds" (wake) made by appellant and Ellis Alford, waded a distance of 50 or 75 yards to the bank. When they reached the bank they found on the edge of the water, beside a tree, a keg containing 10 gallons of liquor.

Around this keg of liquor were fresh tracks. It had rained the night before, the soil was sandy and wet, and these tracks could be easily followed. There were two sets of tracks leading directly from the keg of liquor to the water at the point where the officers reached the bank. There were also three sets of fresh tracks, from their size evidently made by men leading from another direction to the place where the liquor was found. The officers followed the last-mentioned tracks a distance of approximately 300 yards, where they found a 200 gallon still and two boxes containing 600 gallons of mash. The still had just recently been in operation and was hot and smoking. It further appeared that near-by there had been some recent cooking and the coals were still warm. This still and keg of liquor were located on an island. The testimony is not clear as to whether this was a natural island or a temporary one created by the overflow, but this is immaterial. They carried J. F. Alford with them on this trip to the still, but left the other defendants where they had talked to them. The still was demolished. After its destruction, the officers, along with defendant J. F. Alford, returned to the place where they left the other ...