Taylor v. State, CR
| Decision Date | 04 June 1973 |
| Docket Number | No. CR,CR |
| Parties | Larry Edward TAYLOR, Appellant, v. STATE of Arkansas, Appellee. 73--38. |
| Court | Arkansas Supreme Court |
George Edward Thiel, Paragould, for appellant.
Jim Guy Tucker, Atty. Gen., by Charles A. Banks, Asst. Atty. Gen., Little Rock, for appellee.
Larry Edward Taylor, appellant herein, was arrested at about 1:15 A.M. on November 23, 1972, at a cafe in Paragould for drinking in public. After the arrest, he was taken to the Paragould City Hall and given an alcohol breathalizer test which tested .11. This alcoholic content was not considered sufficient to justify a charge of public drunkenness, but, of course, drinking in public is an offense within itself. See Ark.Stat.Ann. § 48--943 (Repl.1964), which provides that:
'Any person who shall in any public place, or highway, or street, or in or upon any passenger coach, street car, or in or upon any vehicle commonly used for the transportation of passengers, or in or about any depot, platform waiting station or room, drink any intoxicating liquor * * * shall be guilty of a misdemeanor * * *.'
After the taking of the test, Taylor was requested to remove the contents of his pockets, and this revealed an unusual amount of change ($34.85) as well as $34.00 in bills. According to Assistant Chief of Police Jack Rogers, it was unusual for one to be carrying that much change. 'I figured it was probably business for the CID boys so I sent for him.' Rogers and another officer started with Taylor to the jail, but Taylor broke and ran, the officers pursuing. Finally, when Taylor fell, they caught him and took him back. The officer testified that before taking a prisoner to jail, personal belongings are taken, even including a belt, and an officer, running his thumbs around Taylor's waistline felt paper inside. Taylor was directed to undo the front of his pants and when he did, money, a check, and on IOU fell out to the floor. There was $231.00 in money, a $5.00 check, and a $5.00 IOU. The check was made out to K & M Auto Machine Company, and the IOU (subsequently developed) had been placed in the cash register by Jim Prewitt, an eleven-year employee of K & M Auto Machine Company, as notice that he had taken $5.00 in cash. Later in the day, Paragould police learned that there had been a burglary and a theft of money from K & M Auto Machine Company. The next day, an Information was filed in the Greene County Circuit Court charging Taylor with burglary and grand larceny and on trial he was convicted on each count and sentenced to twenty-one years imprisonment in the Arkansas Department of Correction on each count, as an habitual criminal with four previous convictions. From the judgment entered in accordance with the jury verdict, appellant brings this appeal. For reversal, it is first urged that the trial court erred in failing to suppress the evidence taken from appellant by the Paragould police officers since it was obtained without a search warrant having first been properly issued; further, that the court erred in failing to direct a verdict of acquittal, and finally that the court erred when it failed to give appellant's requested Instruction No. 2. We proceed to discuss these points in the order...
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