271 F. 127 | D.C. Cir. | 1921
This case comes to this court upon a writ of error, duly allowed, from the police court of the District of Columbia. The plaintiff in error, hereinafter called the defendant, was charged by an information, filed December 20, 1918, in the first count, with having on December 19, 1918, sold certain alcoholic and other liquors prohibited by law. There was a second count charging him with keeping the same for sale, but at the trial, which took place June 15, 1920, on motion of the defendant, the District elected to stand on the first count. The facts necessary to be stated in view of the conclusion of this court may be summarized as follows:
On December 19, 1918, police officer Bean, in company with another policeman and one Simpson, met Charles Mackall, to whom Bean gave two $1 bills, keeping a record of their serial numbers. Bean then searched Mackall, and found no liquor upon him. Mackall then went out of the back door of the Washington Hotel, where the parties then
Seasonable objection to the introduction of the bottle and contents as evidence before the jury was made, but the trial court admitted it in evidence to which ruling exception was taken. Much other testimony, not relating to this particular bottle, was introduced, some 18 instructions were asked by the defendant and refused, and after a charge by the court, which is in the record, the jury returned a verdict of guilty, upon which a'sentence involving fine and imprisonment was imposed.
This, in our judgment, was lacking, and by reason of the error of the trial court in allowing proof of the nature above indicated to go' to' the jury, the judgment below must be reversed, and a new trial ordered.
Mr. Justice HITZ, of the Supreme Court of the District of Columbia, sat with the court in the hearing and determination of this appeal, in the place of Mr. Justice ROBB.