Ruddick

People v. Ruddick

Good Law
1 Cal. Sup. 32·107 Cal. App. 785·288 P. 45
Court of Appeal of CaliforniaJanuary 31, 1930Docket Nos. 36908, 37187, 66, 138.California2,934 words

Opinion

Lead Opinion

Bishop, J.

As the above cases all present problems embracing the question-. “Is proof merely of the possession of intoxicating liquor sufficient to sustain a conviction under the Wright Act?’’ we have grouped them together for consideration. In each the defendant was charged with unlawful possession, found guilty, sentenced and has appealed.

The liquor in the Ruddick case, a quarter of a bottle less than a quart in size, was found in the kitchen cabinet of a flat occupied as a dwelling by defendant and her husband.

At Jones’ residence a gallon of whisky was found underneath a drawer in the china cabinet of the dining-room.

Kate Coyne was found to have a partly filled pint bottle of whisky under her shoulder as she lay on a bed in a hotel room.

In a cabinet situated in the dining-room' of defendant Paar’s residence there were found sixteen bottles of assorted liquors.

It will appear, as we review the eases, that three questions are involved in the situation before us. Is the mere possession, that is, possession without intent to sell or transport, a public offense? Is it necessary to set forth an unlawful purpose or to negative the exceptions in the complaint or indictment? Is it…

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