Murray v State

Murray v State
1931 OK CR 250
299 P. 506
51 Okl.Cr. 44
Decided: 05/23/1931
Oklahoma Court of Criminal Appeals

Appeal from County Court, Cleveland County; J.D. Grigsby, Judge.

Tom Murray was convicted of unlawful transportation of intoxicating liquor, and he appeals. Reversed.

Grim & Grim, for plaintiff in error.

PER CURIAM. Plaintiff in error was convicted in the county court of Cleveland county of the crime of unlawful transportation of intoxicating liquor, and adjudged to pay a fine of $500 and serve six months in the county jail.

The evidence of the state was that the sheriff and a deputy were driving on the highway in McClain county, and observed defendant in his car ahead of them; that they did not know him and followed him until after he crossed the Newcastle Bridge in Cleveland county, and then attempted to arrest him; that from his actions they believed he had whisky in his car; that they could not see any liquor and did not know he had any in the car until they forced him to stop; that they had no warrant for the arrest of defendant and no search warrant for his car.

Page 45

Search of a car without a warrant of arrest, or search warrant, or knowledge by the officers that it contained intoxicating liquor, or without sufficient knowledge to cause an ordinarily prudent person to act, is illegal, and the evidence so obtained should have been excluded upon timely objection. Britton v. State, 34 Okla. Cr. 391, 246 P. 666; Strong v. State, 42 Okla. Cr. 114, 274 P. 890.