People v. Miller

In appropriate language the indictment charges the defendant with the offense of maintaining “a place where intoxicating liquor was sold, kept and bartered” in violation of law. He was convicted and this appeal is from the "judgment and the order denying his motion for a new trial.

In the month of April, 1924, the defendant conducted a pool-room at the place stated in the indictment.' Adjoining his place of business was a building with a flat roof, the walls of the building extending eighteen inches or more above the roof. This adjoining building was unoccupied, except that church services were conducted therein at times. For convenience, this building will be referred to as the church. At the rear of defendant’s place of business was a porch roof covered with tar paper. The porch roof, when reached, furnished a convenient means of access to the roof of the church.

William Glynn, a federal prohibition enforcement officer, testified that on the fifteenth, sixteenth, and seventeenth days of April, 1924, he purchased intoxicating liquor from defendant at his place of business; that on the 15th the defendant, by means of a ladder, got a bottle of gin from the roof of the church and…