Winter v. State

• Decision Date: 09 December 1924
• Docket Number: No. 24687.,24687.
• Citation: 195 Ind. 664,145 N.E. 567
• Parties: WINTER et al. v. STATE.
• Court: Indiana Supreme Court

195 Ind. 664

145 N.E. 567

WINTER et al.

v.STATE.

No. 24687.^*

Supreme Court of Indiana.

Dec. 9, 1924.

Appeal from Criminal Court, Marion County; Jas. A. Collins, Judge.

William Winter and John Farricane were convicted of transporting intoxicating liquor and they appeal. Affirmed.

Holmes & McCallister, of Indianapolis, for appellants.

U. S. Lesh, Atty. Gen., for the State.

EWBANK, J.

Appellants were indicted on the charge that on the 21st day of September, 1923, they unlawfully, knowingly, and feloniously transported intoxicating liquor in an automobile in Marion county, state of Indiana. Being found guilty, each separatelymoved for a new trial for the alleged reasons that the finding is not sustained by sufficient evidence and is contrary to law, and the action of the court in overruling that motion is the only error assigned. It does not appear that an objection was offered to any evidence introduced, or that any steps were taken to suppress or prevent the introduction of any of it. There was evidence to the following effect: That the sheriff had information that Twenty-First street, just east of Ritter avenue, was “the trading point,” and that there was intoxicating liquor in a car that would be there, and finding an empty car parked at the side of the street after 10 o'clock at night, he stopped the car in which he was riding to investigate; that the empty car belonged to appellant Farricane, and while the sheriff and his deputies were looking at it another car driven by appellant Winter, with Mrs. Winter sitting beside him and Farricane standing on the running board, was driven west at about 18 miles an hour along Twenty-First street, past the place where they were stopped; that as it passed the sheriff's car one of his deputies said “there goes whisky,” and immediately after having passed, it increased its speed, and the sheriff called to the driver of his car to get it started, and followed; that after running five or six city squares appellant Farricane threw out of the car that appellant Winter was driving a sack containing a jug of white mule whisky, which broke on the pavement, so that pieces of the jug rolled out, and 300 feet farther on he threw out another sack containing a jug, which broke as it fell and splashed the contents up on the windshield of the sheriff's automobile; that 300 feet farther on he threw out a third jug which also broke; that each of these jugs was a 5-gallon jug, and each fell on the pavement and broke, and threw up a spray that the sheriff could see, and gave off an odor of white mule whisky; that the speed of the car driven by appellant Winter in which appellant Farricane was riding was increased to 55 miles an hour, and kept ahead of the sheriff's car for a mile and a half or more, when it was overtaken, the sheriff running at 60 miles an hour for that purpose; that the sheriff's car was equipped with three spot lights that would illuminate the road a quarter of a mile ahead, in addition to the two headlights, and appellants were plainly seen by him during all of the chase; that pieces of the jugs and a...