Cook v State

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Cook v State
1935 OK CR 110
48 P.2d 863
57 Okl.Cr. 344
Decided: 08/09/1935
Oklahoma Court of Criminal Appeals

Appeal from County Court, Garfield County; Jere G. Crowley, Judge.

W.M. Cook was convicted of having unlawful possession of intoxicating liquor, and he appeals. Affirmed.

W.O. Cromwell, for plaintiff in error.

Mac Q. Williamson, Atty. Gen., and Jess L. Pullen, Asst. Atty. Gen., for the State.

PER CURIAM. Plaintiff in error, hereinafter called defendant, was convicted in the county court of Garfield county of having unlawful possession of whisky and was sentenced to serve 50 days in jail and to pay a fine of $100.

On the date charged a deputy sheriff with a search warrant made a search of the basement of a place purportedly operated by defendant as a restaurant. No food or restaurant supplies were found and only some glasses, gambling devices, and whisky. Only a small quantity of whisky was found in the room open to the public, but in the basement to which a trapdoor led there were two cases of pint bottles of whisky. It was shown the place was frequented by users of alcoholic beverages.

Defendant earnestly urges the court erred in overruling his motion to suppress evidence. The motion challenges the sufficiency of the affidavit for search warrant

Page 345

for the reason it was made on information and states conclusions only. The affidavit was lost, but its contents were shown by the printed form used and by the testimony of the affiant to its contents. The court ruled correctly in holding the affidavit sufficient and in denying the motion to suppress.