Wright v. State

Mississippi Supreme Court

Wright v. State

231 So. 2d 777, 1970 Miss. LEXIS 1603

CourtMississippi Supreme Court

DecidedFebruary 9, 1970

DocketNo. 45686

StatusPublished

Cited by2 cases

This text of 231 So. 2d 777 (Wright v. State) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Wright v. State, 231 So. 2d 777, 1970 Miss. LEXIS 1603 (Mich. 1970).

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Opinion

ETHRIDGE, Chief Justice.

Billy Gray Wright, appellant, was convicted in the Circuit Court of DeSoto County of the illegal possession of gambling devices, in violation of Mississippi Code 1942 Annotated section 2192 (1956).

This case is controlled by the decision of the Court in Presley v. State, 229 So.2d 830, decided December 22, 1969. It was there held that an agent of the Alcoholic Beverage Control Division of the State Tax Commission does not have the authority to serve a search warrant issued for the purpose of making a search for illegal gambling equipment. Introduction of the evidence in question was objected to by defendant’s counsel on the ground of an illegal search and seizure, but not on the particular basis of the power of an ABC agent. However, we think that under the “plain error” rule and in the interest of equal administration of justice this Court should apply the holding in Presley v. State to the instant case, where [778]*778the evidence was in fact objected to on the ground of an illegal search.

Reversed and appellant discharged.

RODGERS, JONES, BRADY, and INZER, JJ., concur.

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ETHRIDGE, Chief Justice.

Billy Gray Wright, appellant, was convicted in the Circuit Court of DeSoto County of the illegal possession of gambling devices, in violation of Mississippi Code 1942 Annotated section 2192 (1956).

This case is controlled by the decision of the Court in Presley v. State, 229 So.2d 830, decided December 22, 1969. It was there held that an agent of the Alcoholic Beverage Control Division of the State Tax Commission does not have the authority to serve a search warrant issued for the purpose of making a search for illegal gambling equipment. Introduction of the evidence in question was objected to by defendant’s counsel on the ground of an illegal search and seizure, but not on the particular basis of the power of an ABC agent. However, we think that under the “plain error” rule and in the interest of equal administration of justice this Court should apply the holding in Presley v. State to the instant case, where [778]*778the evidence was in fact objected to on the ground of an illegal search.

Reversed and appellant discharged.

RODGERS, JONES, BRADY, and INZER, JJ., concur.

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231 So. 2d 777, 1970 Miss. LEXIS 1603, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wright-v-state-miss-1970.

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