McCann v. State

The defendant, Virgil Pinkston Mc-Cann, was charged in the court of common pleas of Oklahoma county with the illegal possession of intoxicating liquor; a jury was waived, the defendant was tried, found guilty and sentenced to serve 30 days in the county jail, and pay a fine of $300, and has appealed.

It is contended that the court erred in overruling the motion to suppress evidence.

At the time the motion to suppress evidence was presented, Jack Caldwell, a police officer of Oklahoma City, was called as a witness by the defendant. He testified that he was the officer who signed the affidavit to…