Proctor v. State case brief

Proctor v. State case brief summary
176 P. 771 (1918)

CASE SYNOPSIS

Defendant sought review of the judgment of the District Court, Oklahoma County (Oklahoma), which convicted defendant of keeping a place with intent and for the purpose of unlawfully selling, bartering, and giving away intoxicating liquors in violation of Okla. Stat. tit. 26, § 4 (1913).

CASE FACTS
Defendant was convicted under Okla. Stat. tit. 26, § 4 (1913) of keeping a place with intent and for the purpose of unlawfully selling, bartering, and giving away intoxicating liquors. Defendant sought review, contending that the statute was unconstitutional and that defendant's demurrer to the information was improperly overruled.

DISCUSSION

• On review, the court agreed with defendant's contention. 
• The court found that the purpose of the legislature in the enactment of the statute was not clear, since it made the intent to do the forbidden act a felony but did not attempt to repeal another statute which made it a misdemeanor to keep a place for the sale of intoxicating liquors, the evil presumably intended to be suppressed. 
• The court held that the statute under consideration did not define a crime and that the information in the instant case did not charge an offense. 
• The demurrer, therefore, was well taken and should have been sustained.

CONCLUSION
The court vacated defendant's judgment of conviction and remanded the matter with direction to the trial court to discharge defendant.

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