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Lowe v. State

Criminal Court of Appeals of Oklahoma
Dec 13, 1930
294 P. 216 (Okla. Crim. App. 1930)

Opinion

No. A-7548.

Opinion Filed December 13, 1930.

(Syllabus.)

Trial — Reading to Jury Affidavit and Search Warrant as Primary Evidence Held Reversible Error. Where the court, over the objection of the defendant, permits the state to read the affidavit and search warrant to the jury as primary evidence, held, that the recitations of the affidavit and of the search warrant were with reference to the offense charged, and the admission of the affidavit and the search warrant as independent evidence was prejudicial to the defendant's constitutional right.

Appeal from County Court, Love County; J.I. Goins, Judge.

E.B. Lowe was convicted of possessing intoxicating liquor, and he appeals. Reversed.

J.H. Hays, for plaintiff in error.

J. Berry King, Atty. Gen., for the State.


The plaintiff in error, hereinafter called the defendant, was convicted of having in his possession about one and one-half pints of intoxicating liquor, and was sentenced to pay a fine of $50 and be confined in the county jail for 30 days. From the judgment and sentence, the defendant has appealed.

In the trial of the case the state offered in evidence the affidavit upon which the search warrant was obtained, and the search warrant. The defendant objected, which objection was overruled, and the defendant duly excepted to the ruling of the court.

This court has repeatedly held that it is error for the state to read the affidavit for the search warrant and the warrant to the jury as primary evidence. Williams v. State, 34 Okla. Cr. 359, 246 P. 895; Weeks v. State, 41 Okla. Cr. 95, 270 P. 858; Ford v. State, 45 Okla. Cr. 161, 282 P. 370.

It is our opinion that the court erred in admitting the affidavit for the search warrant, and the search warrant issued thereon as primary evidence, as it deprived the defendant of his right to confront the witnesses and cross-examine them. The allegations in the affidavit tended to establish facts very material against the affidavit.

For the reason stated, the case is reversed.

EDWARDS, P.J., and CHAPPELL, J., concur.


Summaries of

Lowe v. State

Criminal Court of Appeals of Oklahoma
Dec 13, 1930
294 P. 216 (Okla. Crim. App. 1930)
Case details for

Lowe v. State

Case Details

Full title:E.B. LOWE v. STATE

Court:Criminal Court of Appeals of Oklahoma

Date published: Dec 13, 1930

Citations

294 P. 216 (Okla. Crim. App. 1930)
294 P. 216