Story v. City of Greenwood
| Decision Date | 08 April 1929 |
| Docket Number | 27847 |
| Citation | 153 Miss. 755,121 So. 481 |
| Court | Mississippi Supreme Court |
| Parties | STORY v. CITY OF GREENWOOD. [*] |
(Division A.)
1. CRIMINAL LAW. Whether there was probable cause for search of automobile for liquor is question for court's determination. Question of whether or not there was probable cause for search of an automobile for liquor is one for determination of court.
2. INTOXICATING LIQUORS. Where sheriff informed officers making search that defendant would be transporting liquor in automobile described, probable cause existed for search (Laws 1924, chapter 244, section 2).
Where sheriff informed officers making search that defendant would be transporting liquor in negro quarters of city, using a Dodge automobile of a certain license number, and they found defendant driving such automobile, officers had good reason to believe and act upon sheriff's information, and were not required to institute an inquiry to determine ultimate source of information, and probable cause existed for search without warrant under Laws 1924, chapter 244, section 2.
3. INTOXICATING LIQUORS. Belief by police officer based on information received from credible person that liquor is being transported in automobile is sufficient probable cause to justify search without warrant (Laws 1924, chapter 244 section 2).
Belief by police officer, based on information given him by credible person, that intoxicating liquor is being transported in an automobile, is sufficient probable cause to justify search by him of automobile without warrant under Laws 1924, chapter 244, section 2.
Suggestion of Error overruled May 13, (1929.)
APPEAL from circuit court of Leflore county, HON. S. F. DAVIS Judge.
Anthony Story was convicted of possessing intoxicating liquor, and he appeals. Affirmed.
Judgment affirmed.
Kimbrough, Tyson & Kimbrough, for appellant.
A. H. Bell, for appellee.
The appellant, Anthony Story, was convicted in the police court of the city of Greenwood on a charge of unlawfully having in his possession intoxicating liquor, and, from the judgment of conviction and the sentence imposed, he prosecuted this appeal.
The evidence upon which the conviction is based was secured by a search of appellant's automobile without a warrant authorizing such search, and the assignments of error argued by counsel are based upon the alleged illegality of the search, the ground of such asserted illegality being that the record fails to show that the officers who made the search had probable cause to search the automobile.
The search of appellant's automobile was conducted by two policemen of the city of Greenwood, and they testified that late in the afternoon of a certain Saturday the sheriff of Leflore county told them that on the following Sunday morning, between midnight and daylight, the appellant would be delivering whisky in the negro quarters of the city, using for that purpose a Dodge automobile of a certain license number; that, believing this information to be true and acting thereon, on the following morning about five a. m they found the appellant driving the particularly described Dodge automobile, and, upon searching the same, found therein certain intoxicating liquor. They testified that the sheriff did not disclose to them the source of his information, and, while the investigation as to whether or not probable cause for the search existed was being conducted, the defendant called the sheriff as a witness, and he testified that he had information that the appellant would be delivering whisky at the time and place named, and he communicated this information to these policemen for the purpose of having them to apprehend the appellant while he was engaged in so delivering this liquor. The...
To continue reading
Request your trial
-
Franklin v. State
... ... 826; Messer v. State, 108 So ... 144; Lenoir v. State, 132 So. 325; Ford v. City ... of Jackson, 121 So. 278; Butler v. State, 135 Miss. 885, ... 101 So. 193 ... We ... State, 138 Miss ... 116, 103 So. 483; Parks v. State, 180 Miss. 763, 178 ... So. 473; Story v. City of Greenwood, 153 Miss. 755, 121 So ... Where ... parties combine to commit ... ...
-
Joyce v. State
...that contraband is being transported in violation of law. Jones v. State, 170 Miss. 741, 155 So. 416 (1934); Story v. City of Greenwood, 153 Miss. 755, 121 So. 481 (1929); Moore v. State, 138 Miss. 116, 103 So. 483 (1925); Carroll v. United States, 267 U.S. 132, 45 S.Ct. 280, 69 L.Ed. 543, ......
-
Alexander v. State
...(1926); Ingram v. State, 146 Miss. 303, 111 So. 362 (1927); Holmes v. State, 146 Miss. 351, 111 So. 860 (1927); Story v. City of Greenwood, 153 Miss. 755, 121 So. 481 (1929); Salisbury v. State, 293 So.2d 434 (Miss.1974); and Mapp v. State, 148 Miss. 739, 114 So. 825 (1927); State v. Smith,......
-
McGowan v. State
... ... 347, 108 So. 721; ... Mapp v. State, 114 So. 825; Early v. State, ... 121 So. 293; Story v. City of Greenwood, 121 So ... 481, 153 Miss. 755; Arnold v. State, 120 So. 731; ... Sellers ... ...