State v. Foster

The opinion of the court was delivered by

Johnston, C. J.:

E. K. Clark was convicted of the offense of drawing the casing from an abandoned oil well without plugging it as the statute prescribes.

In his appeal he contends that he is not within the application of the statute under which he was prosecuted. It appears that H. V. Foster was the owner of the well, and that defendant was the operator who had charge of the drilling and other operations in exploring for oil. Both Foster and Clark were charged with the commission of the offense, but Foster was not' arrested, and the prosecution proceeded…