Legal Opinion · Dissent

Ex Parte Drake

Court of Criminal Appeals of Oklahoma

Decided September 5, 1931No. A-8191Published

1DissentEdwards, J.

I am unable to agree with the majority opinion of the court. In my opinion it violates the well-settled rules of statutory construction and several decisions of this court. The petition, the response, and the evidence and stipulation at the hearing disclose that petitioner, Peggy Drake, was charged with vagrancy in soliciting as a prostitute on the streets of Oklahoma City. ,She was arrested when she solicited a plain clothes police officer. After such arrest she was taken to police headquarters and a written complaint charging vagrancy signed by the officer was filed. This complaint was not…

2Cases cited20 opinions

  1. In Re WilsonSupreme Court of the United States · 1891
  2. Brown v. StateCourt of Criminal Appeals of Oklahoma · 1913
  3. In Re TalleyCourt of Criminal Appeals of Oklahoma · 1910
  4. State v. BrownSupreme Court of Missouri · 1904
  5. Ex Parte JohnsonCourt of Criminal Appeals of Oklahoma · 1917

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