Ex Parte Hunnicutt
Court of Criminal Appeals of Oklahoma
Applications by R. K. ITunnicutt and C. H. Patton, respectively, for writs of habeas corpus. On the 2d day of November, 1911, the petitioner R. K. Hunnicutt filed a petition for a writ of habeas corpus in this court, in which he alleged that he was in the custody of the sheriff of Bryan county, under and by virtue of a prosecution pending in the county court of said county, based upon a certain information filed in said court, the charging part of which is as follows: “That…
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Applications by R. K. ITunnicutt and C. H. Patton, respectively, for writs of habeas corpus. On the 2d day of November, 1911, the petitioner R. K. Hunnicutt filed a petition for a writ of habeas corpus in this court, in which he alleged that he was in the custody of the sheriff of Bryan county, under and by virtue of a prosecution pending in the county court of said county, based upon a certain information filed in said court, the charging part of which is as follows: “That is to say, the said defendant did, in said county and state, at the date above named, unlawfully barter, sell, give…
1Opinion of the CourtFurman, P. J.
(after stating the facts as above). Both of these cases present the same question, and therefore can be decided in the same opinion. The question is as to whether an information or indictment which alleges that the defendant sold, bartered, gave away, and otherwise furnished an imitation of or substitute for spirituous, vinous, fermented, or malt liquors charges an offense against the laws of the state of Oklahoma.
The petitioners contend that this provision of the statute is so indefinite and uncertain as to be indeterminable, invalid, and void, because it fails to declare what shall be an…
2Cases cited31 opinions
- Ogden v. SaundersSupreme Court of the United States · 1827
- United States v. REESESupreme Court of the United States · 1876
- United States v. LacherSupreme Court of the United States · 1890
- Stephens v. Cherokee NationSupreme Court of the United States · 1899
- Durousseau v. United StatesSupreme Court of the United States · 1810
26 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- State Ex Rel. Short v. JohnsonSupreme Court of Oklahoma · 1923
- Ex Parte HiggsCourt of Criminal Appeals of Oklahoma · 1953
- Bishop v. City of TulsaCourt of Criminal Appeals of Oklahoma · 1922
- State v. Centennial Brewing Co.Montana Supreme Court · 1919
- Dies v. Bank of Commerce of SapulpaSupreme Court of Oklahoma · 1924
29 more not listed; retrieve them via the Exa API.