Warma v State

Warma v State
1931 OK CR 168
297 P. 821
50 Okl.Cr. 328
Decided: 04/04/1931
Oklahoma Court of Criminal Appeals

Appeal from County Court, Pawnee County; Charles Besly, Judge.

Carl Warma was convicted of unlawfully possessing intoxicating liquor, and he appeals. Reversed.

W. Lee Johnson, for plaintiff in error.

The Attorney General, for the State.

Page 329

PER CURIAM. Plaintiff in error was convicted of the crime of unlawful possession of intoxicating liquor, and his punishment fixed by the court at a fine of $400 and imprisonment in the county jail for a period of five months.

The affidavit was made and the search warrant issued and served on Sunday, the 25th day of August, 1929. No showing was made in the affidavit for the search warrant of an apprehended breach of the peace, or breach of the peace, which would authorize the issuance and service of the writ on Sunday.