State v. Bayliff

DAVENPORT, J;

This is an appeal by the state from a ruling by the trial court wherein the court held that the search warrant upon which the officers acted in making a search was void, for the reason that it did not run in the name of the state of Oklahoma; the caption of the search warrant held void by the trial court being as follows: “In the name of Alfalfa County, Oklahoma. Search Warrant.”

Then the direction in the warrant reads as follows: “To the Sheriff, Deputy Sheriff of Alfalfa County, Oklahoma.”

The caption of the warrant fixes the venue in the case, but nowhere does the warrant run in…