Criminal Court of Oklahoma
176 P. 771 (1918)
Under Oklahoma law at the time of this case, the sale of certain alcoholic beverages was unlawful. Proctor (defendant) was convicted under an Oklahoma law that made it a crime to own a building with the “intent” or “for the purpose of” selling such beverages. Proctor appealed on the ground that his ownership of property was a lawful act and that Oklahoma could not criminalize an unlawful intent that was not connected to an overt act. Oklahoma (plaintiff) argued that the state under its police power could determine that Proctor’s ownership of property was an overt act in furtherance of his unlawful intent.
Rule of Law
Holding and Reasoning (Galbraith, J.)
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