People v. Ghysels

YORK, J.

The defendant was convicted of the unlawful possession of intoxicating liquor, and in the information was also charged with two prior convictions of possession of intoxicating liquor.

As to the prior convictions, the defendant on the day of trial stated that he had been convicted as charged, but plead not guilty as to possession of intoxicating liquor. The defendant’s claim was that the liquor was discovered by him near a drainage ditch on his property when he was cutting hay. He admits that he took possession of a gallon jar of the same, but claims that he brought it to his house merely to exhibit to the witness Butler, who had asked him for something to drink as he was “going fishing.” There is no direct evidence that defendant offered the liquor for sale. He stated that he brought it to the house intending

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to turn it over to the officers of the law at a later date. However, he was intercepted by an officer before any delivery was made to witness Butler.

The principal points presented by appellant relate to rulings of the court excluding questions asked by appellant on cross-examination of witnesses, and on direct examination of defendant’s witness Butler. The objections to cross-examination of witnesses, that were sustained, were properly sustained, because the questions related to matters which were outside of the scope of the direct examination of those witnesses. The court’s refusal to allow appellant’s counsel to bring out an alleged connection of Butler with the district attorney’s office, or some supposed arrangement whereby he might have received promise of immunity from some of the public officials connected with the prosecution on account of some prosecution in which the witness was apparently involved, was not erroneous. Butler was defendant’s witness, and there is nothing to show that he was reluctant, or that appellant was surprised by his testimony.

The defendant took the stand and testified quite fully, but did not directly deny that the witness Butler had stated that he was going fishing and that he wanted something to drink, and defendant did not deny that he went out and got the liquor. He does deny that he said he had buried it himself or said that it was good liquor, as was testified to by witnesses Butler and McClellan.