Legal Opinion

Smith v. State Ex Rel. Gallaher

Court of Criminal Appeals of Oklahoma

Decided September 18, 1916No. A-2010PublishedCited by 19 opinions

Error from District Court, Wagoner County; R. C. Allen, Judge. Proceeding by the State of Oklahoma, on the relation of Edward M. Gallaher, County Attorney of Wagoner County, against W. C. Smith and C. W. Norman, to abate'a nuisance. Defendants were convicted of contempt, and they bring error.

1Opinion of the CourtBrett, J.

On August 14, 1911, Edward M. Gallaher, who was then county attorney of Wagoner county, filed a petition on behalf of the state in the district court of Wagoner county, alleging that a certain building in the city of Wagoner known as the City Drug Store, and located on certain lots described in the petition, was owned jointly by one J. M. Livingston and T. A. Parkinson, and that one J. E. Studyvin and Frank Bárnes were occupying and operating a drttg store in said building, and that in this building intoxicating liquors were being kept and sold, and divers persons congregated and resorted…

2Cases cited5 opinions

  1. Turner v. StateCourt of Criminal Appeals of Oklahoma · 1912
  2. Harrison v. StateCourt of Criminal Appeals of Oklahoma · 1914
  3. Nichols v. StateCourt of Criminal Appeals of Oklahoma · 1913
  4. Ex Parte Jake HarryCourt of Criminal Appeals of Oklahoma · 1911
  5. Ex Parte GrimesCourt of Criminal Appeals of Oklahoma · 1908

3Cited by19 opinions

  1. People v. ColeMichigan Supreme Court · 1957
  2. Dancy v. OwensSupreme Court of Oklahoma · 1927
  3. Prine v. StateMississippi Supreme Court · 1926
  4. Brannin v. StateCourt of Criminal Appeals of Oklahoma · 1962
  5. State Ex Rel. Attorney General v. DavenportSupreme Court of Oklahoma · 1927

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