128 Wash. 166 | Wash. | 1924
Arthur J. Baird was convicted of the offense of maintaining a place for the sale of intoxicating liquors, and appeals from the judgment pronounced against him.
On August 5,1922, the sheriff of the county in which the club was situated, with other officers, acting under the authority of a search warrant, broke into and entered the club room. They found therein the appellant and some eight or ten of the club members, certain of whom were under the influence of intoxicating liquor. In one end of the room was a bar or counter, back of which were a number of drinking glasses of various sizes arranged in order, having the appearance, as the sheriff testified, “of a regular, old-time saloon.” Searching under and back of the bar and in an ice chest nearby, the officers found, in various containers, some two or more gallons of moonshine whiskey. The officers further testified that they found the appellant in charge of the place, and that he told them, when questioned, that the liquors and glasses were his.
There was no evidence of actual sales of liquor, and
The appellant first assigns error on the order of the court refusing- to sustain his challenge to the information. The information charges that the appellant, at the time and place mentioned, did “open up, conduct and maintain a place for the sale of intoxicating liquors.” It is argued that each of these acts constitute a separate and distinct offense, and to charge in one information the doing of all three of them makes the information multifarious. But the argument mistakes the rule. Where the statute enumerates several acts in the alternative, the doing of any one of which is subjected to the same punishment, all of the acts may be charged cumulatively as one offense. The question is reviewed and the authorities collected in State v. Gipson, 92 Wash. 646, 159 Pac. 792, and the present information is justified by the authority of that case.
The second assignment of error is that the evidence does not justify the verdict. More precisely, the contention is that the appellant was charged with opening up, conducting and maintaining the place, while the evidence is that it was so opened up, conducted and maintained by the club named, with which the appellant had no more to do than did any other member of the club. But this is not our view of the evidence. Possibly for a time after its origin, the place was conducted by a house committee elected from the members of the club, but the evidence was ample to warrant the jury in finding that the method of management had been subsequently changed, that the appellant was vested with the sole charge of the place, and that, at the time stated in the information, he alone was responsible, for its management and control — in other words, that he and not the club was then conducting and maintaining it.
The court instructed the jury to the effect that mere want of proof of actual sales by the appellant at the place stated in the information would not prevent them from finding him guilty of the crime charged. This is
The judgment is affirmed.