Fullingame v. State

1926 OK CR 309, 249 P. 167, 35 Okla. Crim. 153, 1926 Okla. Crim. App. LEXIS 324

Opinion

PER CURIAM.

Plaintiff in error, Frank Fullingame, was found guilty of having unlawful possession of 80 gallons of corn whisky, with his punishment assessed at a fine of $500 and six months in the county jail.

The plaintiff in error has filed no brief in support of his appeal. An examination of the record shows that the information and the evidence supporting it were sufficient to sustain the conviction.

The contention that the evidence was obtained by an illegal search and seizure was not well founded. Liquor found in thickets and waste places remote from the residence of the accused may be seized without a search warrant and used in evidence.

The judgment of the trial court is affirmed.