Legal Opinion · Dissent

Oklahoma Tax Commission v. Clendinning

Supreme Court of Oklahoma

Decided November 16, 1943No. 31647Published

1DissentRiley, J.

By decision of the majority, a writ of prohibition will issue out of this court to suppress evidence sought to be adduced before a grand jury in Tulsa county for the determination of whether there are any violations of the state income tax law cognizable within that jurisdiction. A like writ of prohibition will issue to restrain contempt proceedings directed against Honorable J. Frank Martin, Chairman of the Tax Commission, who personally appeared before the grand jury but refused to testify concerning, or to adduce in evidence for the grand jury’s consideration of income tax violations,…

2Cases cited15 opinions

  1. In re National Window Glass WorkersDistrict Court, N.D. Ohio · 1922
  2. In Re Report of Grand JuryCourt of Appeals of Maryland · 1927
  3. Ex Parte OwensCourt of Criminal Appeals of Oklahoma · 1927
  4. People v. DoeAppellate Division of the Supreme Court of the State of New York · 1936
  5. State Ex Rel. Attorney General v. OwensSupreme Court of Oklahoma · 1927

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