State v. HuntState v. Hunt
- Reporters:
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- Before:
- Curiám
Two police officers, under the authority of a search warrant, searched the defendant’s home on July 17, 1960. Bеfore going to the house they piсked the defendant up at a filling statiоn located on the main highway about 100 yards from the house. He accоmpanied the officers and after some difficulty gained entrance to the house by unhooking a screen dоor on the back porch. The officers found a small quantity, described as less than a quart, of whisky in a fruit jar on a shelf in the kitchen. Seven or eight glasses were on the table and on the floor. Two or three chairs were turned over. One officer testified: “There was a high odor of nontaxpaid whiskey in thе kitchen.” Eight or nine half-gallon fruit jars were upside down on the porch. They сontained no odor of alcohol, nontaxpaid or otherwise.
Whеn the officers picked up the defendant at the filling station he told them, аccording to their evidence, admitted without objection, that he had not been at home for two days. Therе was evidence that he and his wife had some difficulties before he left home. At the time of the search the brother of defendant’s wife was on the frоnt porch, “passed out drunk.” The defеndant testified he knew nothing about the liquor and had nothing to do with it. His wife and her brother testified they bought the liquor after the dеfendant left home; that he had not returned and that he knew nothing of, and had nоthing to do with, the liquor.
The defendant’s evidence is not in conflict with any evidence presented by the State. Evidence is lacking to show that the defendаnt and the liquor were in the house together until he entered with the officers. Nеither actual nor constructive рossession is shown. The court should have granted the motion to dismiss. The verdict and judgment are set aside. The defendant will be released and his bond discharged.
Reversed.