111 Neb. 357 | Neb. | 1923
Defendant was convicted of a violation of the liquor laws, being charged, in two counts, with the possession of a still for the making of intoxicating liquors, and with possession of mash and other material used in the manufacture of intoxicating liquors.
The principal errors assigned are that the evidence is insufficient to support the verdict, that there was error in the giving and refusal of certain instructions, and that the sentence of the court is excessive under the facts in the case.
Defendant is a young man 22 years of age. The evidence establishes that on the night of September 16, 1922, he attended a dance in North Platte with another man named Miles. After the dance they took two girls home. About 3 o’clock in the morning they called for the girls with a’ rented car. They then drove to the house in which the stills and mash were found, where defendant procured two pints of whisky. With the chief of police of the city, the party went hunting near a town several miles distant, returning to North Platte about 11 a. m. The whisky was consumed on this excursion. On their return they again drove to the house mentioned. Defendant and one of the girls went into the house. A neighbor who observed this summoned the sheriff, who found defendant and one of the
It seems evident to us that the jury were not convinced that the defendant was not in possession of the stills and
Complaint is made that there was an erroneous statement of law in instruction No. 10; but, if the jury took either view of the facts above suggested, there was no prejudicial error in this instruction., Complaint is made of the refusal to give instructions No. 1 and No. 2, to the effect that the mere fact that the defendant procured a key and went to the premises where the stills and mash were kept would not make him guilty of the crime, unless they further found that the defendant was the owner of or had an interest in, or owned and maintained, or in some manner helped to operate and maintain the stills and mash for the purpose of manufacturing intoxicating liquor. The substance of these instructions was embodied in the charge of the court, and the court did not err in refusing to give them.
The sentence imposed upon defendant was that he be committed to the county jail for 30 days and pay a fine of $1,000 and cost of prosecution, and it was ordered that the defendant stand committed to the county jail until the fine and costs were paid. We are convinced that, under the evidence in this record, the fine is excessive. Apparently this is the first offense of this character of which the young man has been guilty. He has evidently been consorting with loose associates and has not had the regard for the law of the state which every good citizen should possess. We beljeve that it is the certainty of punishment and not the severity of it which tends to prevent such crimes. This
Affirmed : Sentence reduced.