Smithson v State

Smithson v State
1930 OK CR 345
290 P. 568
48 Okl.Cr. 204
Decided: 08/02/1930
Oklahoma Court of Criminal Appeals

(Syllabus.)

Searches and Seizures Description of Premises in Search Warrant Held too Indefinite.

Appeal from County Court, Muskogee County; O.H.P. Brewer, Judge.

Asbury Smithson was convicted of possessing intoxicating liquor, and he appeals. Reversed.

Seawel & De Graffenried, for plaintiff in error.

The Attorney General, for the State.

CHAPPELL, J. The plaintiff in error, hereinafter called defendant, was convicted in the county court of Muskogee county, on a charge of having unlawful possession of intoxicating liquor, to wit, 28 gallons of corn whisky, and his punishment fixed at a fine of $100 and confinement in the county jail for a period of 60 days.

The officer, before searching defendant's premises, obtained a search warrant describing the premises of the defendant as set forth in the syllabus of this case. In the case of Burleson v. State, 47 Okla. Cr. 412, 288 P. 989, and Ogle v. State, 47 Okla. Cr. 4, 288 P. 1000, this court held that a description similar to the one in the case at bar was too vague and indefinite to authorize the search of defendant's premises thereunder.