{
  "id": 1369492,
  "name": "Miller and Gregson v. State",
  "name_abbreviation": "Miller v. State",
  "decision_date": "1926-09-27",
  "docket_number": "",
  "first_page": "756",
  "last_page": "759",
  "citations": [
    {
      "type": "official",
      "cite": "171 Ark. 756"
    }
  ],
  "court": {
    "name_abbreviation": "Ark.",
    "id": 8808,
    "name": "Arkansas Supreme Court"
  },
  "jurisdiction": {
    "id": 34,
    "name_long": "Arkansas",
    "name": "Ark."
  },
  "cites_to": [],
  "analysis": {
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  "last_updated": "2023-07-14T23:00:35.231048+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Miller and Gregson v. State."
    ],
    "opinions": [
      {
        "text": "McCulloch, C. J.\nAppellants were separately indicted for the statutory offense of keeping in possesr sion an unregistered still (Acts 1921, p. 372), and on the trial of the two cases together, by consent of parties, both of the appellants were convicted and sentenced to the penitentiary.\nThe first and principal contention, is that the evidence'is not sufficient to sustain the verdict of conviction.\nThe sheriff of the county and two citizens who accompanied him on a raid testified that, early one morning, they found a distillery out in the woods, at which- there were ten or twelve barrels of mash ready for use in the , distillation of alcoholic spirits. They testified that they waited*, at the still, in hiding, for several hours, and that, about eight o\u2019clock in the morning, the two appellants, George Miller and BillGr\u00e9gson, came up and walked in among the barrels of mash near the distillery. The oificers commanded them to hold up their hands, which they did, and they were placed under arrest. - Miller cl\u00e1imed, according to the testimony of the witnesses, that he had come there to make a run of the- distillery -for a man-named Gaither, who, with others, was operating the still, and that it was Gaither\u2019s day to make a run. Gregsonwas standing a few feet away, and made no response to this statement of Miller, but Gregson, according to the testimony of the witnesses, made the statement that he was not worried, as it did not mean \u201cbut a year anyway, and maybe six months.\u201d\nThe sheriff' testified that, shortly afterwards that morning, he arrested Miller\u2019s son and another yonng man in:a car about half a mile from the distillery, and that the-boys had two sacks of sugar and a sack of \u201cshorts,\u201d or bran meal, some fruit-jar lids and rubbers.\nMiller denied that he made the statement to the officers to the effect that he was there for the purpose of operating- the still. He. testified that he had arranged with a man by the name of Breeze, who owned land there,' to cut cordwood, and that, when arrested by the officers, he was merely walking down into the woods to find the boundary line of the land on which he was to-cut the wood. He testified that he did not know that the distillery was there until the officers called out to him to hold up his hands. Gregson testified to the same effect, saying that he accompanied Miller into the woods to see about the timber, as he expected to haul it when cut by Miller.\n\u2022 We are of the opinion that the evidence was legally sufficient to sustain the verdict.- The presence of the accused at the distillery, which was ready for operation, together with the statements made to the officers, constituted sufficient evidence that appellants had appeared there for the purpose of taking possession of the still and operating -it.' '\nAssignments of error are also made with respect to the court\u2019s ruling in admitting testimony. It is insisted that the court erred in permitting the sheriff to testify concerning Miller\u2019s son having the sacks of sugar and \u201cshorts\u201d and the fruit-jar lids in the vicinity of the distillery. The articles in possession of Miller \u2019s.son were such as are customarily used in the manufacture and distribution of alcoholic liquors, and the fact that those things were in the possession of Miller\u2019s son-was competent in considering whether or not Miller was at the distillery by accident or for the purpose of operating the distillery. Appellant contended that the boy had been sent to purchase those articles for use in preserving and canning fruit, hut it was a question for the jury to determine whether the hoy, as a member of Miller\u2019s family and under his control, had procured, the things at Miller\u2019s request for use at the distillery.\nAgain, it is insisted that the court erred in permitting, witnesses Moore and Lyttel to' testify that they bought whiskey from Miller and that they had be\u00e9ri carried to. Miller\u2019s house by Gfregson to procure the liquor. This was competent for the purpose of showing that both of the appellants were engaged in the liquor traffic and as corroborative of the proof that they were interested in the operation of the distillery at which they were found by the officers.\nError is assigned in the ruling of the court permitting the prosecuting attorney to interrogate Mil\u00eder, on cross-examination, as to his being caught at \u00e1nother distillery in the neighbbrhood since he was arrested. This was competent for the purpose \u00f3f Misc.editing Millet as a'witness. The fact that he was asked'about ah occurrence\u2019since he was arrestedMoes not lessen its competency fot the purpose of testing the credibility of 'the witness.\nThere are other assignments, which are not of sufficient importance to discuss.\nWe find no erior in the recoiM, and'the judgment is therefore affirmed.",
        "type": "majority",
        "author": "McCulloch, C. J."
      }
    ],
    "attorneys": [
      "Hawthorne, Hawthorne S Wheatley, for appellant,",
      "H. W. Applegate, Attorney General, and John L. Carter, Assistant, for appellee."
    ],
    "corrections": "",
    "head_matter": "Miller and Gregson v. State.\nOpinion delivered September 27, 1926.\n1. Intoxicating liquors \u2014 possession op still. \u2014 Evidence\u2019 held sufficient to sustain a conviction for possessing an unregistered still, contrary t\u00f3 Acts 1921, p. 372.\n2. Intoxicating liquors \u2014 possessing still \u2014 evidence.\u2014In a prosecution for possessing an unregistered still, .where defendant; arrested at the still, denied-ownership or possession thereof, evidence that defendant\u2019s son was seen on the same morning in the vicinity of the still with sacks of sugar, \u201cshorts\u201d, and fruit jar lids, was competent in considering whether defendant was at the still by accident or for the purpose of operating it.\n3. Criminal law \u2014 competency op evidence.op another crime.\u2014 In a prosecution for possessing a still, testimony that a witness.- . bought whiskey from one defendant, being taken to his house by \u2022 his codefendarit, held competent.\n4. Witnesses \u2014 impeachment on cross-examination. \u2014 In a prosecution for possessing a still, it was competent, as affecting his , credibility, to cross-examine defendant- as to his having heen caught at another still after his arrest: '\nAppeal from Craighead Circuit Court, Jonesboro District; G. E. Keck, Judge;\naffirmed.\nHawthorne, Hawthorne S Wheatley, for appellant,\nH. W. Applegate, Attorney General, and John L. Carter, Assistant, for appellee."
  },
  "file_name": "0756-01",
  "first_page_order": 772,
  "last_page_order": 775
}