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LAMB v. BROWN

No. 71-1355.

456 F.2d 18 (1972)

Danny Ray LAMB, Appellant, v. Lozier BROWN, Appellee.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied April 14, 1972.

Attorney(s) appearing for the Case

Fred P. Gilbert, Tulsa, Okl. (Wm. S. Dorman, Tulsa, Okl., on the brief), for appellant.

H. L. McConnell, Asst. Atty. Gen., Oklahoma City, Okl. (Larry Derryberry, Atty. Gen., Oklahoma City, Okl., on the brief), for appellee.

Before SETH and BARRETT, Circuit Judges, and MECHEM, District Judge.

BARRETT, Circuit Judge.

Danny Ray Lamb, then 17 years of age, was tried as an adult under 10 Okl. St.Ann. § 1101 (Supp.1969) for the crime of burglary of an automobile, a felony proscribed by 21 Okl.St.Ann. § 1435.

Lamb contends that he should have been proceeded against as a juvenile in juvenile court. He argues that 10 Okl. St.Ann. § 1101 (Supp.1969) is unconstitutional in that it allows females the...

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