Spikes v. State

The defendant was charged in the county court of Pottawatomie county with the unlawful possession of intoxicating liquor, was tried, convicted, and sentenced to pay a fine of $300, and serve 90 days in jail, and has appealed.

Two propositions are urged for reversal of this case, and we deem it necessary to consider but one of these. It is contended that the affidavit upon which the search warrant was based was insufficient, for the reason that:

“The affidavit for search warrant was insufficient upon which to base the issuance of the search warrant for the reason that the same stated no facts…