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Ashby v. State

Criminal Court of Appeals of Oklahoma
Mar 6, 1926
33 Okla. Crim. 297 (Okla. Crim. App. 1926)

Opinion

No. A-5308.

Opinion Filed March 6, 1926.

Appeal from County Court, Oklahoma County; Jas. C. Cheek, Judge.

Tom Ashby was convicted of the illegal possession of whisky, and he appeals. Affirmed.

Morris Tant, for plaintiff in error.

The Attorney General, for the State.


Plaintiff in error, Tom Ashby, and John Williams were jointly charged with the illegal possession of whisky. Williams was acquitted; Ashby was found guilty with his punishment assessed at confinement in jail for 30 days and a fine of $50.

Ashby claims that the evidence adduced was procured by an unauthorized search and seizure. If it was in fact so obtained, the objection to its use against him came 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 offense, or a portion of it, was committed in the presence of the officers, before the search and seizure took place. If so, the arrest without a warrant of arrest, and the search and seizure incident thereto, were legal.

The judgment of conviction is affirmed.

DOYLE and EDWARDS, JJ., concur.


Summaries of

Ashby v. State

Criminal Court of Appeals of Oklahoma
Mar 6, 1926
33 Okla. Crim. 297 (Okla. Crim. App. 1926)
Case details for

Ashby v. State

Case Details

Full title:TOM ASHBY v. STATE

Court:Criminal Court of Appeals of Oklahoma

Date published: Mar 6, 1926

Citations

33 Okla. Crim. 297 (Okla. Crim. App. 1926)
243 P. 1003

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