Berry v. State
Berry v. State
Opinion of the Court
The plaintiff in error, Lewis E. Berry, was charged by information in the court of common pleas of Tulsa County with unlawful possession of intoxicating liquor. Defendant filed a motion to suppress, and it was stipulated that the evidence on that hearing might be considered as the evidence in the trial. The defendant testified only to the fact that his address in Tulsa: 5201 South Utica Street, was actually located outside the city of Tulsa.
The State called Deputy Sheriff William L. Bliss, who testified to searching defendant’s home under authority of a search warrant, and finding the quantity of whiskey set out in the information.
True copy of the affidavit for search warrant, and of the search warrant were by stipulation introduced and received in evidence. The affidavit was on a printed form.
The court found the defendant guilty as-charged, and fixed his punishment at a fine of $100, and thirty days confinement in the Tulsa County jail.
The only ground for reversal is that the affidavit for search warrant was on a printed form, though filled in to list the name of appellant and to give his address.
We find the affidavit for search warrant and the search warrant sufficient to support the court’s action in overruling the motion to suppress, and the evidence sufficient to support the judgment rendered.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.