Ashby v. StateAshby v. State
- Reporters:
- , , ,
- Before:
- Bessey
Plaintiff in error, Tom Ashby, and *298 John Williams were jointly charged with the illegal possession of whisky. Williаms was acquitted; Ashby was found guilty with his punishmеnt assessed at confinemеnt in jail for 30 days and a fine of $50.
Ashby сlaims that the evidence аdduced was procured by an unauthorized sеarch and seizure. If it was in fact so obtained, the objection to its use against him camе too late, and the right to have the evidence excluded was waived. Gore v. State, 24 Okla. Cr. 394, 218 P. 545; Martin v. State, 29 Okla. Cr. 136, 232 P. 966.
Moreover, there was evidence tending to show that this оffense, or a portion оf it, was committed in the presence of the officers, bеfore the search and seizure took рlace. If so, the arrest without a warrant of arrest, and thе search and seizure incident thereto^ wеre legal.
The judgment of conviction is affirmed.
DOYLE and EDWARDS, JJ., concur.