# Turner v. State

> Court of Criminal Appeals of Oklahoma · January 31, 1973 · 507 P.2d 1288

URL: https://www.frixlaw.com/law-library/cases/5150440

## Case

- **Full name:** Frankie Junior TURNER v. STATE of Oklahoma
- **Court:** Court of Criminal Appeals of Oklahoma
- **Decided:** January 31, 1973
- **Citations:** 507 P.2d 1288; 1973 OK CR 50; 1973 Okla. Crim. App. LEXIS 391
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Brett
- **Judges:** Bliss, Brett, Bussey
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5150440

## Opinion text

OPINION
BRETT, Judge:
This is an appeal from a conviction in the District Court of Oklahoma County, Case No. CRF-71-54, in which appellant Frankie Junior Turner was convicted for the offense of possession of a stimulant. Appellant will hereinafter be referred to as defendant, as he appeared in the trial court.
It is not necessary to discuss the facts herein for the reason that defendant’s demurrer, entered at the conclusion of the State’s evidence, should have been sustained. As defendant asserted, the State failed to prove defendant had possession and control over the substance found as the result of the search and seizure. See: Brown v. State, Okl.Cr., 481 P.2d 475 (1971).
We are therefore of the opinion the judgment and sentence herein should be, and the same is therefore, reversed and remanded with instructions to dismiss the charge.
BLISS, P. J., and BUSSEY, J., concur.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5150440. Public record. Not legal advice.