Summary
In Cudjo v. State, 34 Okla. Cr. 199, 245 P. 906, the court said: "A private residence is immune from search and seizure unless a showing is made by affidavit that such residence or some portion of it is * * * a place of storage, or a place of public resort."
Summary of this case from Taylor v. StateOpinion
No. A-5487.
Opinion Filed May 8, 1926.
Searches and Seizures — Immunity of Private Residence. A private residence is immune from search and seizure unless a showing is made by affidavit that such residence or some portion of it is a store, rooming house, a place of storage, or a place of public resort.
Appeal from County Court, Hughes County; Owen H. Rives, Judge.
King Cudjo was convicted of the illegal possession of a still and mash fit for distillation, and he appeals. Reversed, with instructions.
Anglin Stevenson and Forest M. Darrough, for plaintiff in error.
The Attorney General, for the State.
King Cudjo, plaintiff in error, was convicted of the illegal possession of a still and mash fit for distillation. By verdict of the jury his punishment was fixed at a fine of $100 and confinement in jail for 90 days. From the judgment on this verdict he appeals.
The evidence upon which this conviction rests was procured by means of a search warrant issued upon an affidavit which was not sufficient to give the magistrate jurisdiction to issue it. A private residence is immune from search and seizure, unless a showing is made by sufficient affidavit that the residence or a portion of it is a store, rooming house, place of storage, or a place of public resort. No such showing was made in this case.
The cause is reversed, with instructions to dismiss the action.
DOYLE and EDWARDS, JJ., concur.