Whitehead v. State

The plaintiff in error, hereinafter called defendant, was convicted in the county court of McIntosh county on a charge of having possession of choctaw beer and his punishment fixed at a fine of $150 and confinement in the county jail for a period of thirty days.

During the progress of the trial, the state called T. II. Waddle, who identified the affidavit which he had made to procure the search warrant. The state then called A. R. Kirkpatrick, who identified the search warrant and the return thereon under which witness had searched the premises. The witness Waddle was then asked to testify as…