People v. Gardner

HOUSER, J.

Defendant Gardner and one Stromberg were charged with the commission of the crime known as “possession of a still”, alleged to have been operated by them for the purpose of manufacturing intoxicating liquor for beverage purposes.

On the trial, after all the evidence had been introduced, through his attorney, defendant Stromberg indicated “that he would change his plea to the court and plead guilty”. Thereupon the trial court found each of the defendants “guilty of the offense charged, to-wit, the possession of a still, a felony”. From the ensuing judgment, as well as from an order by which his motion for a new trial was denied, defendant Gardner has appealed to this court.

It is first urged by appellant that the evidence adduced on the trial of the action was insufficient to support the judgment.

Although not established without contradiction as to each of several important items of testimony, from the record and based upon substantial evidence, it may be assumed that the court believed that on several different occasions the two defendants together called at a real estate office for the ostensible purpose of renting a chicken ranch for the use of defendant Stromberg. As was testified by a salesman who was employed by the proprietor of the real estate office, defendant Gardner said “that he wanted to rent a ranch with some chicken equipment for his partner, there; that he

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wasn’t very well, and he wanted to get him out in the country; that he wanted to get in the chicken business. I told him we had a dandy place; just about what he wanted. He said he didn’t want a big house; just a small house with a few rooms, and that this was a dandy place for him; and I took him over there to 1917 Holly and showed him the place. Q. What else was said there? A. Well, they looked the place over, and they went all over the chicken equipment and through the house, . . . Q. Then what happened after that? A. Well, I think we disbanded then and there and they came back later on, as near as I can remember. Q. Where did you see them the next time? A. Why, they came back to the office, and something was said about a lease—they were going to draw up a lease, and, of course, I had nothing to do with the lease. The broker took care of the lease. Q. And were both defendants together at that time? A. Yes, sir.”