Fitzgerald v. State

This prosecution against the defendant Raymond Fitzgerald was commenced in the county court of Beckham county and is a companion case to the case of Fitzgerald v. State, No. A-11748, 97 Okla. Cr. —, 256 P. 2d 477. By agreement, the case was tried to the court without a jury on the same day the other ease was tried and the appeal was lodged herein at the same time.

*8On appeal, the same two propositions are presented as were presented in the case of Fitzgerald v. State, No. A-11748, supra. Only one brief was filed for both cases. The affidavit for the search warrant was identical in wording to…