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Smithson v. State

Criminal Court of Appeals of Oklahoma
Aug 2, 1930
290 P. 568 (Okla. Crim. App. 1930)

Opinion

No. A-7071.

Opinion Filed August 2, 1930.

(Syllabus.)

Searches and Seizures — Description of Premises in Search Warrant Held too Indefinite. A description in a search warrant describing the premises as located at "about three miles east of Braggs, Oklahoma, in a certain building described as a one-story frame building in Muskogee County," is too vague and indefinite to authorize the search of such premises.

Appeal from County Court, Muskogee County; O.H.P. Brewer, Judge.

Asbury Smithson was convicted of possessing intoxicating liquor, and he appeals. Reversed.

Seawel De Graffenried, for plaintiff in error.

The Attorney General, for the State.


The plaintiff in error, hereinafter called defendant, was convicted in the county court of Muskogee county, on a charge of having unlawful possession of intoxicating liquor, to wit, 28 gallons of corn whisky, and his punishment fixed at a fine of $100 and confinement in the county jail for a period of 60 days.

The officer, before searching defendant's premises, obtained a search warrant describing the premises of the defendant as set forth in the syllabus of this case. In the case of Burleson v. State, 47 Okla. Cr. 412, 288 P. 989, and Ogle v. State, 47 Okla. Cr. 4, 288 P. 1000, this court held that a description similar to the one in the case at bar was too vague and indefinite to authorize the search of defendant's premises thereunder.

The evidence having been obtained by an unlawful search of defendant's premises, it was error for the trial court to overrule the motion to suppress the evidence. For the reasons stated, the cause is reversed.

EDWARDS, P.J., and DAVENPORT, J., concur.


Summaries of

Smithson v. State

Criminal Court of Appeals of Oklahoma
Aug 2, 1930
290 P. 568 (Okla. Crim. App. 1930)
Case details for

Smithson v. State

Case Details

Full title:ASBURY SMITHSON v. STATE

Court:Criminal Court of Appeals of Oklahoma

Date published: Aug 2, 1930

Citations

290 P. 568 (Okla. Crim. App. 1930)
290 P. 568

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