Champion v. State
| Decision Date | 18 April 1931 |
| Docket Number | A-7626. |
| Citation | 298 P. 303,50 Okla.Crim. 392 |
| Parties | CHAMPION v. STATE. |
| Court | United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma |
Syllabus by the Court.
Warrant to search building facing on certain street in certain county and state, which failed to name town, was insufficient (Const. art. 2, § 30; Comp. St. 1921, § 7013).
Warrant to search building at "number First house west of John Kincaid's, facing south on Fifteenth Ave., at No. 2 N.W. Street," in a certain county and state, not stating of what town, if any, Fifteenth avenue is part, held insufficient under article 2, § 30, Const., and refusal to suppress evidence obtained thereunder was error.
Affidavit for warrant to search building facing on particular street in designated county and state, which failed to name town held insufficient (Comp. St. 1921, § 7013).
Affidavit for search warrant to search building and premises at "number First house west of John Kincaid's, facing south on Fifteenth Ave., at No. 2 N.W. Street," in a certain county and state, not stating of what town, if any Fifteenth avenue was part, held insufficient under Comp. St. 1921, § 7013.
Appeal from County Court, Carter County; Arthur Grubert, Judge.
J. B Champion was convicted of having possession of intoxicating liquor with intent to sell, and he appeals.
Reversed.
Earl A Brown, of Ardmore, for plaintiff in error.
J. Berry King, Atty. Gen., for the State.
The plaintiff in error, hereinafter called defendant, was convicted in the county court of Carter county on a charge of having possession of intoxicating liquor with intent to barter, sell, give away, and otherwise furnish to others, and was sentenced to pay a fine of $100 and costs, and to be imprisoned in the county jail for 60 days. The defendant moved to suppress the evidence on the ground that the affidavit and warrant were insufficient to authorize the search of defendant's home.
The record discloses that, at the time charged, a deputy sheriff and some other officers procured a search warrant to search the following property "at number First house west of John Kincaid's facing south on Fifteenth Ave., at No. 2 N.W. Street, in a certain building described as follows one-story frame building occupied as a residence by J. B. Champion, in Carter County." It is not stated of what town, if any, the first house west of John Kincaid's, facing south on Fifteenth avenue, at No. 2 N.W. Street, is a part....
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