Court of Criminal Appeals of Oklahoma, 1941

Hodges v. State

Hodges v. State
Court of Criminal Appeals of Oklahoma · Decided March 5, 1941 · Barefoot, Jones, Doyle
111 P.2d 202; 71 Okla. Crim. 296; 1941 OK CR 38; 1941 Okla. Crim. App. LEXIS 37 (Pacific Reporter, Second Series)

Hodges v. State

Opinion of the Court

BAREFOOT, P. J.

Defendant was charged in the county court of Coal county with the crime of unlawful possession of intoxicating liquor, was tried, convicted and sentenced to pay a fine of $¡50 and serve 30 days in the county jail, and has appealed.

*297 This case is a companion case of Viola Stewart v. State, 71 Okla. Cr. 292, 111 P. 2d 200. The same question, viz., that the search warrant does not run in the name of the State of Oklahoma, is raised in this: case. An examination of the record reveals that the caption of the search warrant is identical with the search warrant cited in the Stewart Case and does not run in the name of the State of Oklahoma, as provided by the Constitution and statutes of this state. Okla. St. Ann. Constitution, article 7, section 19; Oklahoma Statutes 1931, § 19, Oklahoma Statutes Annotated, Title 12, § 51.

It therefore becomes unnecessary to pass upon any other issue involved herein, and for the reason above stated, this case is reversed with directions to the county court of Coal county to dismiss the same.

JONES and DOYLE, JJ., concur.

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