Coury v. State

(dissenting.) I cannot concur in the application made in the majority opinion of section 2094, Revised Laws 1910, to a purely police regulation. Such an application is opposed to the views expressed by the Supreme Court of the Territory in Garver v. Territory, 5 Okla. 342, 49 Pac. 470, wherein it is said:

“A demurrer to the indictment was duly filed, and counsel insist that such demurrer should have been sustained, because the indictment -failed to aver that the negligent acts of Garver, which constitute the offense, and which are set out in the indictment, were not done or committed under an…