Schwoerke v. State ex rel. Gibbons

The issue in this case is whether Selby v. State ex rel. Amis, Okl., 302 P.2d 775, should be overruled. The defendant in error herein, State ex rel. Gibbons, County Attorney, presents his case upon the proposition that the Selby case is in direct contravention of 22 O.S.1961 § 1108; that it ignores previous controlling decisions of this court, and should be overruled.

The plaintiff in error, Schwoerke, argues his case on appeal on two propositions: (1) that the state’s cause of action is barred by limitations, and (2) that the state’s proof of forfeiture is insufficient to prove a forfeiture…