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Myers v. State

Dave Myers Et Ux. v. State.

Myers v. State, 1927 OK CR 317, 260 P. 515
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Court
Court of Criminal Appeals of Oklahoma · State Appellate Courts
Decided
October 29, 1927
Docket
No. A-6323.
Judges
Edwards, Doyle, Davenport
Citations
260 P. 5151927 OK CR 31738 Okla. Crim. 2871927 Okla. Crim. App. LEXIS 324

Opinion of the Court — Edwards

EDWARDS, J.

The plaintiffs in error were convicted in the county court of Oklahoma county on a charge of maintaining a place where intoxicating liquors were kept for the purpose of violating the prohibitory liquor law, and were each sentenced to pay & fine of $50- and to serve 30 days in the county jail.

Before entering upon the trial plaintiffs in error filed a motion to suppress the evidence for the reason that it had been obtained by an unlawful search, which motion was overruled and exceptions saved. The record discloses that certain officers, in the nighttime, went to the private residence of plaintiffs in error and made a search of the premises and of the person of Mrs. Dave Myers, one of the .plaintiffs in error, and found on her person a pint of whisky. The affidavit for a search warrant upon its face states that it is made upon information and belief. It is invalid and the warrant based upon it invalid, and the evidence procured by such invalid search warrant is incompetent. The motion to suppress should have been sustained.

The case is reversed and remanded.

DOYLE, P. J., concurring.

DAVENPORT, J., absent, not participating.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1929: 119292026peak 1929 · 1

Relies on it most ⓘ

  1. Loveless v. State1929 OK CR 7, 273 P. 288

Most recent

  1. Loveless v. State1929 OK CR 7, 273 P. 288

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