Diehl v. City of Shidler

The original opinion in this case is reported in 78 Okla. 434, 150 P. 2d 76. A rehearing was granted, and oral argument was had, and additional briefs filed by all parties.

The question presented for serious consideration by the court on rehearing is that by the terms of the ordinance it is provided that one convicted “shall be fined in any sum not less than $1.00 and not more than $19.00, and the costs of the prosecution”; and as to whether this provision renders the ordinance unconstitutional and void, for the reason that under it one might be fined more than $20, when the costs are included.