Ashbrook v. State
Supreme Court of Oklahoma
Commissioners’ Opinion, Division No. 5. Error from County Court, Payne County: Wilberforce Jones, Judge. Proceeding by the State of Oklahoma to determine the right of property in an automobile seized by a deputy sheriff for an alleged violation of the prohibitory laws. From a judgment in favor of the State, C. E. A-shbrook, guardian of one William McKinley, owner of the automobile, appeals.
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Commissioners’ Opinion, Division No. 5. Error from County Court, Payne County: Wilberforce Jones, Judge. Proceeding by the State of Oklahoma to determine the right of property in an automobile seized by a deputy sheriff for an alleged violation of the prohibitory laws. From a judgment in favor of the State, C. E. A-shbrook, guardian of one William McKinley, owner of the automobile, appeals. Reversed and remanded, with directions to return the proceeds of the sale of the said .automobile to the said guardian.
1Opinion of the Court
Opinion by
PINKHAM, C.
This is an appeal from a judgment of the county court of Payne county, to the effect that a certain automobile be confiscated to the state of Oklahoma.
The plaintiff in error, as guardian of one William McKinley, the owner of the automobile in question, prosecutes this appeal.
The following are the material facts briefly stated: On the 2nd day of August, 1920, William McKinley, John McKinley, and Alex Tallchief, all of Fairfax, Osage county, were attending an anniversary celebration and roping contest at Yale, Payne county, Okla., and at about four o’clock in the afternoon…
2Cases cited4 opinions
- Boyd v. United StatesSupreme Court of the United States · 1886
- Glacken v. AndrewSupreme Court of Oklahoma · 1918
- Stanley v. StateSupreme Court of Oklahoma · 1921
- Dixon v. DuncanSupreme Court of Oklahoma · 1921
3Cited by11 opinions
- Keith v. StateCourt of Criminal Appeals of Oklahoma · 1925
- Turner v. City of LawtonSupreme Court of Oklahoma · 1986
- State v. LeeOregon Supreme Court · 1927
- Committi v. StateCourt of Criminal Appeals of Oklahoma · 1924
- 1942 Chevrolet Automobile No. BA 193397 v. State Ex Rel. ClineSupreme Court of Oklahoma · 1943
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