Hammett v. State
Supreme Court of Oklahoma
Error from District Court, Jackson County; Prank Matthews, Judge. Action by the state of Oklahoma against K. S. Hammett and another. Judgment for the plaintiff, and defendants bring error. This is an action brought by the state of Oklahoma against K. S. Hammett and S. S. Kouri, for penalties for the violation of section 4191, Comp.
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Error from District Court, Jackson County; Prank Matthews, Judge. Action by the state of Oklahoma against K. S. Hammett and another. Judgment for the plaintiff, and defendants bring error. This is an action brought by the state of Oklahoma against K. S. Hammett and S. S. Kouri, for penalties for the violation of section 4191, Comp. Laws 1909 (Rev. Laws 1910, sec. 3619), wherein the plaintiff alleges a violation of said section for 66 days, and prays judgment for $1,000 for each day of such violation. The defendants filed an answer, admitting that they owned a two-thirds interest in the…
1Opinion of the Court
Opinion by
RITTENPIOUSE, C.
(after stating the facts as above). A demurrer was filed to the evidence offered by the plaintiff on the ground that there was not sufficient evidence to support the allegations of the petition, and that the evidence was indefinite and uncertain. We have examined the evidence and, while the evidence offered was not sufficient to prove the plaintiff’s case bej^ond a reasonable doubt, yet the plaintiff has proven its case by a preponderance of the evidence, which, under the law, is sufficient. The weight and credit to be given the evidence was a question for the jury.
Ex…
2Cases cited19 opinions
- People v. . BriggsNew York Court of Appeals · 1889
- Roberge v. BurnhamMassachusetts Supreme Judicial Court · 1878
- Gebhart v. BurkettIndiana Supreme Court · 1877
- Continental Insurance v. JachnichenIndiana Supreme Court · 1887
- Town of Lewiston v. ProctorIllinois Supreme Court · 1862
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3Cited by11 opinions
- Lowe v. HickorySupreme Court of Oklahoma · 1935
- Colby v. DanielsSupreme Court of Oklahoma · 1927
- Wyrick v. CampbellSupreme Court of Oklahoma · 1918
- Henry Grady Snead v. United StatesCourt of Appeals for the Fourth Circuit · 1954
- St. Louis - S. F. Ry. Co. v. StarkweatherSupreme Court of Oklahoma · 1931
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