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KIRK v. McCALLISTER

No. A-11928.

97 Okla. Cr. 104 (1953)

259 P.2d 325

KIRK v. McCALLISTER et al.

Criminal Court of Appeals of Oklahoma.

June 24, 1953.

Attorney(s) appearing for the Case

Sid White, Oklahoma City, for petitioner.

Granville Scanland, Co. Atty., and John McPherren, Asst. Co. Atty., Oklahoma City, for respondents.

JONES, J.

This habeas corpus proceeding presents for determination a question involving the interpretation of House Bill 243 of the 1947 Legislature which became a law on May 16, 1947, 2 O.S. 1951 §§ 737.1 to 737.13.

The petitioner, Finus Kirk, was charged by a verified complaint filed before Justice of the Peace Elmo McCallister of Oklahoma City, with "Offering for sale and selling uncandled eggs as "fresh eggs'." Subsequent to the filing of the...

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