Jones v. State

• Court: United States State Court of Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma
• Writing for the Court: BESSEY, P.J.
• Citation: Jones v. State, 244 P. 456, 33 Okla.Crim. 369 (Okla. Crim. App. 1926)
• Decision Date: 20 March 1926
• Docket Number: A-5430. [a1]
• Parties: JONES v. STATE.

244 P. 456

33 Okla.Crim. 369

JONES v. STATE.

No. A-5430. ^[a1]

Court of Criminal Appeals of Oklahoma

March 20, 1926

Syllabus by Editorial Staff.

In prosecution for illegal possession of intoxicating liquor alleged consent of accused to search of home and premises by officers, if true, constituted waiver of his right to object to search.

In prosecution for illegal possession of intoxicating liquor, if accused wished to dispute waiver of right to object to search of his home and premises, he should have offered some proof controverting state's showing that he had consented thereto.

In prosecution for illegal possession of intoxicating liquor, if facts tending to show waiver by accused of right to object to search of home and premises do not remove doubt, such issue may be submitted to jury by appropriate instructions, with other issues involved.

Appeal from County Court, Carter County; A. J. Hardy, Judge.

Bill Jones was convicted of the illegal possession of intoxicating liquor, and he appeals. Affirmed.

R. C Roland, of Ardmore, for plaintiff in error.

The Attorney General, for the State.

BESSEY P.J.

No briefs have been filed in support of this appeal, and the cause has been regularly submitted on the record, which discloses that the information sufficiently charges the illegal possession of whisky; that the instructions fairly state the law applicable to the evidence. The possession was proved beyond all doubt, and the illegal intent may be fairly inferred from all the surrounding circumstances.

The evidence was obtained by means of a search and seizure in defendant's home and premises, but there was evidence to the effect that when the officers told the defendant that they had come to...