Sallee v. State
| Decision Date | 12 June 1931 |
| Docket Number | A-7781. |
| Parties | SALLEE v. STATE. |
| Court | United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma |
Rehearing Denied Aug. 8, 1931.
Syllabus by the Court.
Where the officers have information that a felony has been committed, and where they have reasonable ground to believe the defendant has committed this felony, they may legally arrest him, and evidence obtained in a search of defendant's premises after his arrest is admissible notwithstanding the defendant may have escaped from the officers shortly after his arrest.
The term "dwelling house" as used in section 2067, C O. S. 1921, includes every house or edifice, any part of which has usually been occupied by any person lodging therein at night, and any structure joined to, and immediately connected with, such house or edifice.
Proof of any kind of rightful possession of the house burglarized as against the burglar, is sufficient to sustain the allegation of ownership of such house.
Additional Syllabus by Editorial Staff.
Appeal from District Court, Okmulgee County; Charles C. Smith, Judge.
Robert Sallee was convicted of burglary, and he appeals.
Affirmed.
Joe S. Eaton, of Okmulgee, for plaintiff in error.
J. Berry King, Atty. Gen., and J. H. Lawson, Asst. Atty. Gen., for the State.
Plaintiff in error, hereinafter called defendant, was convicted in the district court of Okmulgee county of the crime of burglary, and his punishment fixed by the jury at imprisonment in the state penitentiary for a period of two years.
The evidence of the state was that one Lowery lived on some land belonging to the Commercial Drilling Company; that Lowery occupied the dwelling house on these premises and used the bunkhouse some distance from the house in connection with the house as sleeping rooms for some of his boys; that the bunkhouse was burglarized and some property taken therefrom; that the dwelling house and bunkhouse were in the possession and control of the complaining witness at the time of the burglary; that one of the officers arrested defendant, and that he escaped from this officer shortly after his arrest; that soon after the first officer arrested defendant, other officers came, having a search warrant, and proceeded to search the premises of defendant, and found therein not only the property taken in the burglary of the bunkhouse, but also a large amount of property taken from other homes in the immediate vicinity; that defendant was seen in the vicinity of the place burglarized shortly before the crime was committed; that defendant was the owner of a Ford roadster with a small bed on the rear, and that defendant's car was equipped on the rear wheels with one Firestone, 29-4-40, and one Good-year Diamond 29-4-40 tire; that one of these tires had a cut in the side which caused it to make a peculiar mark; that the tracks of a car having tires similar to those on the defendant's car were found near where the goods taken in the burglary were loaded; that these tires were later identified as having been stolen from another person and placed on defendant's car.
That the goods found at his home at the time of defendant's arrest consisted...
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...and articles found by reason of such search, otherwise admissible, may be used as evidence at the trial." See, also, Sallee v. State, 51 Okl.Cr. 414, 1 P.2d 794; Luker v. State, 60 Okl.Cr. 151, 62 P.2d Two searches of the defendant's premises were made. In the first search, the cigarettes a......
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...as evidence at the trial. Herren v. State, 74 Okl.Cr. 432, 127 P.2d 384; Sears v. State, 79 Okl.Cr. 437, 156 P.2d 145; Sallee v. State, 51 Okl.Cr. 414, 1 P.2d 794. Sallee v. State, supra, it is stated: 'Where the officers have information that a felony has been committed, and where they hav......
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