Harris v State

Harris v State
1931 OK CR 415
3 P.2d 241
52 Okl.Cr. 123
Decided: 09/19/1931
Oklahoma Court of Criminal Appeals

Appeal from County Court, Atoka County; J.B. Maxey, Judge.

Sterling Harris was convicted of the unlawful possession of intoxicating liquor, and he appeals. Reversed.

Ralls & Ralls, for plaintiff in error.

The Attorney General, for the State.

PER CURIAM. Defendant contends that the description in the affidavit for the search warrant and in

Page 124

the search warrant is insufficient, for the reason that it neither names the county nor state in which the property is located, and otherwise describes the place as:

"The filling station and lunch room of Sterling Harris located just east of Highway No. 73 and just south of the new bridge across North Boggy Creek on said Highway No. 73."

This court has many times held this kind of a description insufficient.