Gardner v. Lambert

MEMORANDUM OPINION

LERBLANCE, Referee:

The Petitioner, Gerry Gardner, seeks a Writ of Prohibition against Phillip Lambert, Judge of the Municipal Court of Record of the City of Oklahoma City, State of Oklahoma, preventing said court from proceeding to try Petitioner on a charge of lewdness violating Oklahoma City Ordinance No. 11436.

It is the contention of the Petitioner that Respondent Judge is without jurisdiction for the reason that the ordinance involved is invalid, in that it conflicts with state *236statutes prohibiting lewdness, 21 O.S.1961, §§ 1029-1031. Petitioner urges that the city…