Mitsunaga

People v. Mitsunaga

Good Law
1928 Cal. App. LEXIS 994·91 Cal. App. 298·266 P. 1020
Court of Appeal of CaliforniaApril 25, 1928Docket No. 1595.California1,354 words

Opinion

Lead Opinion

Wood, J.

Appellant was accused by information filed by the district attorney of Kings County of the crime of possession of a still used in the manufacture of intoxicating liquor. Following his conviction by a jury he filed motions for a new trial and in arrest of judgment. He now appeals from the orders of the court denying these motions and from the judgment.

Appellant contends that the evidence is insufficient to support the verdict and that the corpus delicti was not proved. These contentions may be considered together. By the evidence presented by the prosecution it was established that defendant was arrested in the night-time when he was the sole occupant of a house near the city of Hanford, in which there was, according to the testimony of the arresting officer, “one complete still; 39 quarts of ‘jackass’; about 15 empty sacks—just a minute; about 15 sacks of empty bottles; two bottlers, or rather, cappers, two machines for putting caps on bottles; two funnels, one glass, that is, one glass funnel, I mean; one full barrel of Egyptian corn, rye and sugar mash; two barrels partly filled; one barrel filled with water; one 10 gallon earthen jar; one 15 gallon earthen jar; one one gallon…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.