Legal Opinion

Salter v. State

Court of Criminal Appeals of Oklahoma

Decided June 26, 1909No. 126PublishedCited by 26 opinions

Error from, Garter County Court; I. B. Mason, Judge. N. J. ■ (Doc.) Salter was convicted of a violation of the pro< hibition law, and he brings error.

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Error from, Garter County Court; I. B. Mason, Judge. N. J. ■ (Doc.) Salter was convicted of a violation of the pro< hibition law, and he brings error. The plaintiff in error, N. J. (Doc.) Salter (hereinafter designated defendant) was, at the January, 1908, term; of the county court of Carter county, tried and convicted of violating a provision of the prohibition ordinance, and sentenced to pay a fine of $100, and that he be imprisoned in the county jail of Carter county for a period of 60 days. This conviction was had on an information filed in the county court of Carter county by thfe…

1Opinion of the Court

DOYLE, Judge,

(after stating the facts as above). This case involves an apparent incompatibility between that clause of the Constitution contained in Bill of Rights, § 30 (Bunn’s Ed. § 39): “The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches or seizures shall not be violated; and no warrants shall issue but upon probable cause supported by oath or affirmation, describing as particularly as may be the place to be searched and the person or thing to be seized” — and the proviso in that provision of Procedure, Criminal, § 5306…

2Cases cited26 opinions

  1. Boyd v. United StatesSupreme Court of the United States · 1886
  2. Ex Parte BurfordSupreme Court of the United States · 1806
  3. Swart v. KimballMichigan Supreme Court · 1880
  4. Miles v. StateSupreme Court of Alabama · 1891
  5. Lippman v. PeopleIllinois Supreme Court · 1898

21 more not listed; retrieve them via the Exa API.

3Cited by26 opinions

  1. Gore v. StateCourt of Criminal Appeals of Oklahoma · 1923
  2. Brown v. StateCourt of Criminal Appeals of Oklahoma · 1913
  3. In Re TalleyCourt of Criminal Appeals of Oklahoma · 1910
  4. J. v. v. State, Department of Institutions, Social & Rehabilitative ServicesSupreme Court of Oklahoma · 1977
  5. The People v. EliasIllinois Supreme Court · 1925

21 more not listed; retrieve them via the Exa API.

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