Fyre v State

Fyre v State
1932 OK CR 162
14 P.2d 430
54 Okl.Cr. 38
Decided: 09/02/1932
Oklahoma Court of Criminal Appeals

Appeal from County Court, Woodward County; L.A. Foster, Judge.

F.M. Frye was convicted of having the unlawful possession of whisky and he appeals. Reversed and remanded, with instructions.

A.W. Billings, for plaintiff in error.

J. Berry King, Atty. Gen., and Smith C. Matson, Asst. Atty. Gen., for the State.

PER CURIAM. The plaintiff in error, hereinafter called defendant, was convicted in the county court of Woodward county on a charge of having the unlawful possession of whisky and was sentenced to pay a fine of $50 and to serve 30 days in the county jail.

Defendant occupied an apartment at a rooming house in the city of Woodward with his family in which house were several other apartments. Defendant's family was away and he had a guest. The proprietor called the police who went to the apartment house and the proprietor directed him to defendant's apartment and claimed they were making a noise and disturbing other occupants of the house. They went there and hearing some loud talking inside entered, arrested defendant, and took him to the city hall and preferred charges against him. They later returned to the apartment house and with the consent of the proprietor entered defendant's rooms, searched them,

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