Public-domain · open source
OpenJurist

195 So. 2d 519

Murphy v. State

Mississippi Supreme Court

Decided February 20, 1967

Mississippi Supreme Court · decided 1967-02-20

Relies on 184 So. 2d 635 - O'BEAN v. State · 192 So. 2d 270 - Walker v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1967-02-20

How this case has been cited

Cited by 4 later decisions — most recently April 1980

4 state decisions

20196719701980decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

ROBERTSON, Justice.

¶1The Appellant, Merle Murphy, was found guilty of possession of intoxicating beer in the Circuit Court of Lee County, Mississippi, Lee County being a dry county. Murphy appealed to this Court from that judgment.

¶2The affidavit for a search warrant and the search warrant itself were on printed forms. No facts or circumstances whatsoever were stated in the affidavit, upon which a disinterested and impartial magistrate could make up his own mind and form his own opinion as to whether probable cause existed for the issuance of the search warrant. There was not even a space provided on the printed forms of affidavit and *520search warrant for any statement of the circumstances or facts upon which the magistrate could base his own independent judgment as to probable cause.

¶3The affidavit and search warrant, therefore, are subject to the same objection and condemnation as were the affidavit and search warrant in O’Bean v. State, 184 So. 2d 635 (Miss.1966), and Walker v. State, 192 So.2d 270 (Miss.1966).

¶4The defendant having been convicted on evidence obtained through the use of an illegal search warrant, it follows that the judgment of the trial court must be reversed and the defendant discharged.

¶5Reversed and defendant discharged.

GILLESPIE, P. J., and RODGERS, PATTERSON and SMITH, JJ., concur.
/195/so2d/519 · .json · Public domain