Hodges v. State
This text of 1941 OK CR 38 (Hodges v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
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.
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Cite This Page — Counsel Stack
1941 OK CR 38, 111 P.2d 202, 71 Okla. Crim. 296, 1941 Okla. Crim. App. LEXIS 37, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hodges-v-state-oklacrimapp-1941.