Warma v. State

Plaintiff in error was convicted of the crime of unlawful possession of intoxicating liquor, and his punishment fixed by the court at a fine of $400 and imprisonment in the county jail for a period of five months.

The affidavit was made and the search warrant issued and served on Sunday, the 25th day of August, 1929. No showing was made in the affidavit for the search warrant of an apprehended breach of the peace, or breach of the peace, which would authorize the issuance and service of the writ on Sunday.

In Laub v. State, 49 Okla. Cr. 171, 292 Pac. 891, this court had this question under…