ROYAL v. STATE

ROYAL v. STATE
1971 OK CR 442
490 P.2d 777
Case Number: A-16609
Decided: 10/26/1971
Oklahoma Court of Criminal Appeals

An appeal from the District Court of Kingfisher County; J. Russell Swanson, Judge.

Jerry Allen Royal was convicted for the crime of Entering Upon Premises With Intent to Steal or Remove Copper Wire From Appurtenance Thereon. His punishment was fixed at one (1) year in the state penitentiary, and he appeals. Reversed and remanded.

Wayne Falkenstein, Kingfisher, for plaintiff in error.

Larry Derryberry, Atty. Gen., Yvonne Sparger, Asst. Atty. Gen., for defendant in error.

BUSSEY, Presiding Judge.

¶1 Jerry Allen Royal, hereinafter referred to as defendant, was charged, tried, and convicted in the District Court of Kingfisher County, Oklahoma for the offense of Entering Upon Premises With Intent to Steal or Remove Copper Wire From Appurtenance Thereon. His punishment was fixed at one (1) year imprisonment and from said judgment and sentence, a timely appeal has been perfected to this Court.

¶2 We do not deem it necessary to recite the statement of facts, in this case must be reversed because of the improper admission of the Affidavit and Search Warrant. This Court has repeatedly held that as the recitations of the Affidavit and of the Search Warrant were with reference to the offense charged, admission of the Affidavit and Search Warrant as independent evidence was prejudicial error. Wagner v. State, 68 Okl.Cr. 447, 99 P.2d 161 (1940); Williams v. State, 34 Okl.Cr. 359, 246 P. 895; Weeks v. State, 41 Okl.Cr. 95, 270 P. 858; Bruner v. State, 44 Okl.Cr. 425, 281 P. 319; Ford v. State, 45 Okl.Cr. 161, 282 P. 370; Barnes v. State, 56 Okl.Cr. 402, 41 P.2d 126; Lucas v. State, 56 Okl.Cr. 413, 41 P.2d 131.

¶3 The judgment and sentence is accordingly reversed and remanded for a new trial. Reversed and remanded.

BRETT and NIX, JJ., concur.