Jarvis v. State, A--17268
Decision Date | 28 February 1973 |
Docket Number | No. A--17268,A--17268 |
Citation | 507 P.2d 918 |
Parties | 1973 OK CR 105 Melvin V. JARVIS, Appellant, v. The STATE of Oklahoma, Appellee. |
Court | United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma |
Appellant, Melvin V. Jarvis, hereinafter referred to as defendant, was convicted in the District Court of Comanche County, Case No. CRF--71--158, with the offense of possession of marihuana and sentenced to three (3) years imprisonment. The judgment and sentence was imposed on April 11, 1971, and this appeal perfected therefrom.
It was charged by information that on March 30, 1971, the defendant and eight others were in joint possession of marihuana. The defendant was tried separately and convicted. The single assignment of error raised on appeal contends that the marihuana admitted at the defendant's trial, over objection, was the fruits of an unlawful search and seizure. The defendant argues that the search was conducted pursuant to a search warrant, which was issued pursuant to a constitutionally insufficient affidavit for search warrant. In reply, the State contends that the affidavit for search warrant was sufficient, or in the alternative that the defendant did not sustain his burden of proving the invalidity of the search.
After describing the residence to be searched at 1610 'D' Street in Lawton, Oklahoma, the affidavit for search warrant sets forth the following for probable cause to justify issuance of the warrant:
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People v. Padilla
...310 (1st Cir. 1966); McMiken v. State, 127 Ga.App. 66, 192 S.E.2d 716; Edwards v. State, 13 Md.App. 546, 284 A.2d 10; Jarvis v. State, 507 P.2d 918 (Okl.Cr.App.1973); Commonwealth v. Simmons, 450 Pa. 624, 301 A.2d 819 (1973). See also, Annot. 100 A.L.R.2d 525, § 3, and Later Case In People ......
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Warthen v. State, F--76--309
...indication as to the time of occurrence of the facts recited therein. See, Simon v. State, Okl.Cr., 515 P.2d 1161 (1973); Jarvis v. State, Okl.Cr., 507 P.2d 918 (1973); Guthrey v. State, Okl.Cr., 507 P.2d 556 (1973); Griffin v. State, Okl.Cr., 503 P.2d 567 It is equally true, whether the pe......
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Oliver v. State, F-78-204
...asserts that the failure to state this date is a fatal defect of both the affidavit and the warrant and we agree. See Jarvis v. State, Okl.Cr., 507 P.2d 918 (1973); Griffin v. State, Okl.Cr., 503 P.2d 567 (1972); Coslow v. State, Okl.Cr., 490 P.2d 1116 (1971). The inclusion of the date is n......
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