Hodges v State

Hodges v State
1941 OK CR 38
111 P.2d 202
71 Okl.Cr. 296
Decided: 03/05/1941
Oklahoma Court of Criminal Appeals

(Syllabus.)

Searches and Seizures-Search Warrant "Process" and Required to Run in Name of State.

Appeal from County Court, Coal County; W. B. Thornsbrough, Judge.

Mrs. Joe Hodges was convicted of the crime of unlawful possession of intoxicating liquor, and she appeals. Reversed, with directions.

H. M. Shirley, of Coalgate, for defendant.

Mac Q. Williamson, Atty. Gen., for the State.

BAREFOOT, P. J. Defendant was charged in the county court of Coal county with the crime of unlawful possession of intoxicating liquor, was tried, convicted and sentenced to pay a fine of $50 and serve 30 days in the county jail, and has appealed.

Page 297

This case is a companion case of Viola Stewart v. State, 71 Okla. Cr. 292, 111 P.2d 200. The same question, viz., that the search warrant does not run in the name of the State of Oklahoma, is raised in this case. An examination of the record reveals that the caption of the search warrant is identical with the search warrant cited in the Stewart Case and does not run in the name of the State of Oklahoma, as provided by the Constitution and Statutes of this state. Okla. St. Ann. Constitution, article 7, section 19; Oklahoma Statutes 1931, § 19, Oklahoma Statutes Annotated, Title 12, § 51.