Jones v. State
Jones v. State
Opinion of the Court
The plaintiff in error Troy C. Jones, defendant below, was charged in the county court of Caddo county, Oklahoma, by information with the offense of unlawful possession of 174 pints of tax paid whiskey, 48 half pints of tax paid whiskey and 6 1/5 of one gallon of tax paid whiskey with the unlawful intent to barter, sell, give away and otherwise furnish said liquor in violation of the laws of the state of Oklahoma. To said charge he interposed a motion to suppress, which was by the court overruled. He was tried by a jury, convicted and judgment and sentence interposed fixing his punishment at 30 days in jail and a fine of $500 and judgment and sentence entered accordingly, from which this appeal has been perfected.
The contention on the motion to suppress was that there was a variation between the description of the premises to be searched as defined in the affidavit and those described in the search warrant. The affidavit described the property as being, “premises, to-wit, the building, basements, cellars, appurtenances and premises situated and being in Caddo county, State of Oklahoma, on Lot 6, 7, 8, 9, and 10 in Block 17, South College Addition to the city of Anadarko, Caddo county, State of Oklahoma”. The search warrant described the premises as being, the home of Troy C. Jones in a certain building described as follows, “a dwelling house situated on Lots 6, 7, 8, 9, 10 in Block 17, South College Addition' to the city of Anadarko, Oklahoma, Caddo county, Oklahoma”. The evidence in relation to this contention discloses that the house was searched under the warrant, and there were 6 or 8 pints of liquor discovered in the house, or dwelling
Case-law data current through December 31, 2025. Source: CourtListener bulk data.