Legal Opinion

In re D. H. W.

Court of Criminal Appeals of Oklahoma

Decided July 11, 1980No. J-79-728PublishedCited by 1 opinion

1Opinion of the Court

OPINION

BUSSEY, Judge:

D. H. W., a male 17 years of age, was certified to stand trial as an adult for the offense of Lewd Molestation of a Minor, in the District Court of Alfalfa County Case No. JFJ-78-19, and appeals under 10 O.S. Supp.1979, § 1112(e).

On appeal, appellant urges that the statute under which the charge is laid, 21 O.S.1971, § 1123, invidiously discriminates on the basis of sex, in violation of the equal protection clause of the Fourteenth Amendment to the United States Constitution.

Section 1123 provides in pertinent part as follows:

“Any male person over sixteen years or female…

2Cases cited3 opinions

  1. Craig v. BorenSupreme Court of the United States · 1976
  2. Danny Ray Lamb v. Lozier BrownCourt of Appeals for the Tenth Circuit · 1972
  3. Craig v. BorenSupreme Court of the United States · 1977

3Cited by1 opinion

  1. Davis v. StateCourt of Criminal Appeals of Oklahoma · 1982

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