Cudjo v. State

1926 OK CR 189, 245 P. 906, 34 Okla. Crim. 199, 1926 Okla. Crim. App. LEXIS 415

Opinion

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.