Perry v State

Perry v State
1946 OK CR 107
174 P.2d 392
83 Okl.Cr. 168
Decided: 11/13/1946
Oklahoma Court of Criminal Appeals

(Syllabus.)

Syllabus in Perry v. State, 83 Okla. Cr. 388, 174 P.2d 388, Adopted.

1. Intoxicating Liquors-Sufficiency of Affidavit for Search Warrant. The fact that affidavit or Complaint for search warrant was an old printed form, and that allegations are the same as previously used in other affidavits for search warrant in Comanche county does riot invalidate a warrant based upon such affidavit if there are sufficient evidentiary facts set forth in the affidavit to justify the magistrate in concluding that there was probable cause for issuing the warrant.

2. Evidence-Statement in Affidavit Taken as True if Affidavit or Complaint and Search Warrant Sufficient on Their Face. Where the affidavit or complaint upon which a search warrant is based is sufficient on its face, the defendant will not be permitted to show that the statements in the affidavit are not true, or to raise any question as to the accuracy or source of the affiant's information, or the means by which it was obtained.

Page 169

3. Affidavits-Place of Signature to Affidavit Immaterial if Placed With Intention to Make Applicable to Whole Circumstance. The signature to an affidavit should ordinarily be placed at the foot of the body of the affidavit, but it need not be placed there if it appears in any other part, and was placed there by the affiant with the intention to make it applicable to the whole circumstance of the affidavit.

4. Same-Signature Sufficient if Jurat Recites Affiant Subscribed and Swore to Same. Where the signature of affiant is below the jurat and on the same line as the signature of the justice of the peace who issued the warrant it was sufficient where the jurat recited that affiant subscribed and swore to the same.

5. Searches and Seizures-Authority of Investigators for State Department of Public Safety as Peace Officers. Search warrant directed to Rex Hawks, Investigator for the Dept. of Public Safety, is sufficient to authorize said investigator to serve the warrant, as under statute (74 O. S. 1941) (149) Investigators for the Department of Public Safety are given the authority of other peace officers, including the right of search and seizure.

6. Intoxicating Liquors-Possession of Eight Pints and One Quart of Whisky Sufficient to Make Prima Facie Case Against Defendant. Where state's evidence showed that eight pints and one quart of whisky were found in defendant's possession, it was sufficient to make a prima facie case against defendant, and jury's verdict of guilt will not be set aside for alleged failure of the state to make additional proof as to the unlawful intent with which said liquors were held by accused.

Appeal from County Court, Comanche County; G. W. Horne, Judge.

Orville Perry was convicted of unlawful possession of intoxicating liquor, and he appeals. Affirmed.

John W. Tyree, of Lawton, for plaintiff in error.