Anderson v. State
J.E. Anderson v. State.
Opinion of the Court
PER CURIAM.
The plaintiff in error, hereinafter called defendant, was convicted in the county court of Pittsburg county on a charge of having possession of intoxicating liquor, and his punishment fixed at a fine of $50 and confinement in the county jail for 30 days.
The defendant first contends that the affidavit upon which the search warrant was issued was insufficient to authorize the issuance of a warrant thereon. An examination of the affidavit discloses that it is based wholly on *381 information and belief and contains no facts upon which isuch belief could be predicated.
The affidavit being insufficient, the search and seizure was illegal, and the evidence obtained by such search inadmissible. It was error for the trial court to overrule the defendant’s motion to suppress the evidence.
For the reasons stated the cause is reversed.
How later courts describe this case
No later court has written an explanatory parenthetical about this case yet.
Cited by 2 cases
View all citing references →Relies on it most ⓘ
Most recent
Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.