McCARTHY v. STATE

No. A-11117.

91 Okla. Cr. 294 (1950)

218 P.2d 397

McCARTHY v. STATE.

Criminal Court of Appeals of Oklahoma.

May 10, 1950.


Attorney(s) appearing for the Case

Irvine E. Ungerman, Tulsa, for plaintiff in error.

Mac Q. Williamson, Atty. Gen., and Sam H. Lattimore, Asst. Atty. Gen., for defendant in error.


BRETT, J.

Harry McCarthy, defendant below, was charged in the district court of Tulsa county, Okla., with the offense of unlawful possession of intoxicating liquor, second offense, on August 27, 1947. He waived a jury, was tried by the court, convicted and sentenced to 90 days imprisonment and to pay a fine of $250.

This prosecution was predicated upon evidence obtained under and by virtue of a search warrant...

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