Stout v. State Ex Rel. Caldwell
Supreme Court of Oklahoma
Error from District Court, Oklahoma County; R. H. Loofbourrozv,, Assigned Judge. Action by the State, on the relation of Bred S. Caldwell, counsel to the Governor, against D. C. Stout, to recover a penalty for using certain premises in Oklahoma City for the purpose of unlawfully disposing of intoxicating liquors. Judgment for plaintiff for $500, and defendant brings error.
1Opinion of the Court
Opinion by
AMES, C.
On the petition for rehearing our attention was first called to the contention that section 4191, Comp. Laws 1909, is in conflict with article 2, sec. 21 (Williams' Ann. Const. Okla., sec. 29) of the Constitution, prohibiting twice placing any person in jeopardy for the same offense, and we granted the petition in order that this position might be fully examined. We have been assisted in this examination by careful briefs and oral argument, and have given the subject a painstaking investigation, having carefully examined the authorities cited by counsel and many others…
2Cases cited53 opinions
- Boyd v. United StatesSupreme Court of the United States · 1886
- Ex Parte LangeSupreme Court of the United States · 1874
- Huntington v. AttrillSupreme Court of the United States · 1892
- Gavieres v. United StatesSupreme Court of the United States · 1911
- Kepner v. United StatesSupreme Court of the United States · 1904
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3Cited by26 opinions
- State v. ThomasonCourt of Criminal Appeals of Oklahoma · 1975
- Rupert v. StateCourt of Criminal Appeals of Oklahoma · 1913
- Wallace v. GassawaySupreme Court of Oklahoma · 1931
- Mullins v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1935
- Louisiana State Board of Medical Examiners v. BoothLouisiana Court of Appeal · 1954
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