Opinion No. 48-0117

Oklahoma Attorney General Reports

Opinion No. 48-0117

DecidedJanuary 17, 1948

StatusPublished

This text of Opinion No. 48-0117 (Opinion No. 48-0117) is published on Counsel Stack Legal Research, covering Oklahoma Attorney General Reports primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Opinion No. 48-0117, (Okla. Super. Ct. 1948).

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OPINION — AG — ** POSSESSION OF INTOXICATING LIQUOR — SECOND OFFENSE — AFTER FORMER CONVICTION ** 37 O.S. 94 [37-94] MAKING IT THE DUTY OF THE COUNTY ATTORNEY TO DILIGENTLY ENFORCE ALL PROVISIONS OF THE PROHIBITORY LIQUOR LAWS, AND INASMUCH AS37 O.S. 12 [37-12] PROVIDES FOR A MORE SEVERE PENALTY FOR THE SECOND AND ALL SUBSEQUENT CONVICTIONS, WE THEREFORE BELIEVE THAT WHEN THE COUNTY ATTORNEY FINDS THE FACTS BEFORE HIM ESTABLISH A VIOLATION OF 37 O.S. 12 [37-12], HE SHOULD CHARGE THE DEFENDANT UNDER THE SECOND OFFENSE STATUTE. (VIOLATION, LIQUOR LAWS, PUNISHMENT) CITE: 37 O.S. 94 [37-94], 37 O.S. 93 [37-93], 37 O.S. 1 [37-1] (LEWIS A. WALLACE)

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OPINION — AG — ** POSSESSION OF INTOXICATING LIQUOR — SECOND OFFENSE — AFTER FORMER CONVICTION ** 37 O.S. 94 [37-94] MAKING IT THE DUTY OF THE COUNTY ATTORNEY TO DILIGENTLY ENFORCE ALL PROVISIONS OF THE PROHIBITORY LIQUOR LAWS, AND INASMUCH AS37 O.S. 12 [37-12] PROVIDES FOR A MORE SEVERE PENALTY FOR THE SECOND AND ALL SUBSEQUENT CONVICTIONS, WE THEREFORE BELIEVE THAT WHEN THE COUNTY ATTORNEY FINDS THE FACTS BEFORE HIM ESTABLISH A VIOLATION OF 37 O.S. 12 [37-12], HE SHOULD CHARGE THE DEFENDANT UNDER THE SECOND OFFENSE STATUTE. (VIOLATION, LIQUOR LAWS, PUNISHMENT) CITE: 37 O.S. 94 [37-94], 37 O.S. 93 [37-93], 37 O.S. 1 [37-1] (LEWIS A. WALLACE)

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Opinion No. 48-0117, Counsel Stack Legal Research, https://law.counselstack.com/opinion/opinion-no-48-0117-oklaag-1948.