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Sweeney v. State
51 Okla. Crim. 303
Okla. Crim. App.
1931
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The plaintiff in error, hereinafter called defendant, was convicted in the county court of Pittsburg county on a charge of having the unlawful possession of intoxicating liquor, and was sentenced to pay a fine of $100 and to serve 60 days in the county jail. *Page 304

The record discloses that, at the time charged, certain officers with a search warrant went to the residence of defendant, made a search, and found 103 bottles of choctaw beer and a small quantity of wine. Defendant did not testify and offered no evidence.

Some contention is made that the search warrant was improperly issued as not based on a sufficient affidavit. This contention cannot be sustained. The affidavit, while not a model, makes a sufficient showing of probable cause to authorize the issuance of a search warrant. The testimony sufficiently sustains the judgment.

The case is affirmed.

Case Details

Case Name: Sweeney v. State
Court Name: Court of Criminal Appeals of Oklahoma
Date Published: Jul 18, 1931
Citation: 51 Okla. Crim. 303
Docket Number: No. A-7715.
Court Abbreviation: Okla. Crim. App.
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