Pitts v. State

J. D. Pitts, plaintiff in error, hereinafter referred to as defendant, was charged by information filed in the district court of Tulsa county with the crime of unlawful possession of intoxicating liquor, second and subsequent offense. A jury being waived, the trial was before the court, who found the defendant guilty and assessed punishment at a $250 fine and sentence of 60 days incarceration in the county jail.

The evidence discloses that two Tulsa county sheriff’s deputies, armed with a search warrant, searched defendant’s residence in Tulsa and obtained twelve pints of Sunnybrook whiskey.…