Webb v. State

Court of Criminal Appeals of Oklahoma

Webb v. State

1969 OK CR 118, 453 P.2d 262, 1969 Okla. Crim. App. LEXIS 415

CourtCourt of Criminal Appeals of Oklahoma

DecidedApril 9, 1969

DocketNo. A-14750

StatusPublished

Cited by1 cases

This text of 1969 OK CR 118 (Webb 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.

Bluebook

Webb v. State, 1969 OK CR 118, 453 P.2d 262, 1969 Okla. Crim. App. LEXIS 415 (Okla. Ct. App. 1969).

Pincite

Opinion

BUSSEY, Judge.

Raymond Frank Webb was convicted of the offense of Possession of Marijuana, was sentenced to serve four years in the State Penitentiary, and appeals.

The conviction in the trial court was based on the introduction of marijuana found by officers who entered the premises under authority of a search warrant issued by a magistrate, based upon an affidavit which fails to meet the standards set forth in Spinelli v. United States, 393 U.S. 410, 89 S.Ct. 584, 21 L.Ed.2d 637, delivered by the Supreme Court of the United States on January 27, 1969, which we have discussed in Leonard v. State, No. A-15,054, Okl.Cr., 453 P.2d 257, handed down this date.

In accordance with Spinelli v. United States, supra, we must reverse and remand this case, and since the evidence was seized under authority of a search warrant based upon an affidavit not in compliance with Spinelli, supra, the trial court is instructed to dismiss this cause. Reversed and remanded with instructions to dismiss.

BRETT, Presiding Judge.

See Special Concurring opinion in Leonard v. State, delivered this date.

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