State v. Coyle
Court of Criminal Appeals of Oklahoma
Appeals from District Court, Logan County; A. H. Huston, Judge. W. H. Coyle and others were indicted for violation of the Anti-Trust Law of June 10, 1908. From judgments sustaining demurrers to the indictment, the state appeals.
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Appeals from District Court, Logan County; A. H. Huston, Judge. W. H. Coyle and others were indicted for violation of the Anti-Trust Law of June 10, 1908. From judgments sustaining demurrers to the indictment, the state appeals. Omitting the captions and indorsements, the indictments read as follows: “Indictment No. A-662. At the July term, a term of the district court of the Eleventh judicial district of the state of Oklahoma, held in and'for Logan county, in the state of Oklahoma, at the city of Guthrie, and begun on the 26th day of July, in the year of our Lord one thousand nine hundred…
1Opinion of the CourtDoyle, J.
(after stating the facts 'as above). The defendants were indicted in the district court of Logan count}' in two cases, October 23, 1909, for violations of section 1, art. 1, c. 83, act approved June 10, 1908, p. 750, Sess. Laws 1907-08 (section 8800, Comp. Laws 1909).
On arraignment each of the defendants interposed and filed separate demurrers exactly identical in each case. Upon considering the demurrers, the court gave judgment in each case sustaining the same. From said judgments the state appeals.
Section 44, art. 5, of our state Constitution, prescribes:
“The Legislature shall define what…
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