Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1917-07-18
CLAIMS SUIT CASE WAS
]: ILLEGALLY SEARCHED
Opened by Policemen on Duty Mt Elba
Without Procuring Search
Warrant.
WRIT OF ERROR IS GRANTED
Supreme Court to Pass on Whether
Liquor Seized illegally Can BE
Used as Evidence Against Accused
Man.

joseph Lucchesi, convicted in the
Richmond Hastings Court in March for
illegally transporting liquor in his
personal baggage in violation OF the
State prohibition law. was granted 4
writ OF error and Supcrscdcas ycstcr-
day by the Virginia Supreme Court of
Appeals. In his record. Lucchcsi ad-
n1itted that at the time of his arrest,
which occurred at the Elba station a
few minutes after he had alighted
from a Northern train, his suit case
contained fifteen quarts of liquor.
The petition declares that Immediate
IL after his arrest. the police officer s
carried Lucchesi before magistrate
and caused a warrant TO be issued,
charging him with transporting liquor
into the State in violation of the Mapp
law. After this warrant was issued
the officers opened his suit case and
searched his personal belongings with
out first having purcured a search
warrant. 1t was then. he declares. that
the whisky was discovered.
SUIT CASE AND LIQUOR
USED AS EVIDENCE
Counsel for the man declare the
action of the police to have been nn-
lawful. and before his trial Lucchesi
demanded the return OF his suit case
and the whisky seized. This the police
declined TO do, and n similar request
vas made TO Judge Richardson. of
the Hastings Court, just prior TO open
ing the trial on appeal from the Police
Court The court overruled the re-
quest. and the case went 10 trial. the
suit case and liquor being introduced
as evidence against the man.
After hearing the testimony. the jury
convicted Lucchesi and sentenced him
to thirty days in Jail, in addition to
imposing fine of $50. In awarding
the supersedeas the Supreme Court
stipulated, as In all liquor cases. that
II was not to operate TO release the
prisoner IL he is in custody nor TO
release his bail, but that he may apply
for bail as provided by law.
THE court considered n second liquor
ease yesterday and granted wit of
error and supersedeas on the petition
Of Laura Wilkerson. who was convict
ed in Norfolk of violating the prohibit
ton law and sentenced to thirty days
in jail and fined $50. She was con-
victed on blanket" charge, and
was found guilty by the jury las
charged in the Indictment" Her coun-
sci moved the court to require the
Commonwealth to elect from the
charges one on which she was to be
tried. This motion. however. was over
ruled. and is made the cause for the
appeal.
WRIT OF ERROR IN
BOUNDARY LINE CASE
a writ OF error and supcrsedeas was
awarded on the petition of II. III. Will
kins against Bessie l.. Henderson. APP
peaied from n Judgment of the Circuit
Court OF Northampton County. The
parties owned adjoining farms and the
suit resulted from a dispute over the
boundary line OF their lands.
The court also granted n writ OF
error and supersedeas on petition of
the company in tho suit OF William H.
Shackleton against the Mutual Life
Insurance Company, OF New York. in
which judgment for $1,000 was
awarded in the Circuit Court Of
Campbell County on an insurance
policy written on Clarence f. Shackle-
ton. The company contends that
Shackleton was suffering from q seri-
Gus disease at the time he was ex-
amined for the policy, but did not
make this known TO the examining
physician.