Court of Criminal Appeals of Oklahoma, 1926

Cudjo v. State

Cudjo v. State
Court of Criminal Appeals of Oklahoma · Decided May 8, 1926 · Bessey, Doyle, Edwards
245 P. 906; 34 Okla. Crim. 199; 1926 OK CR 189; 1926 Okla. Crim. App. LEXIS 415

Cudjo v. State

Opinion of the Court

BESSEY, P. J.

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.