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Proctor v. State

Criminal Court of Oklahoma

176 P. 771 (1918)

Relevant factsFree

Proctor (defendant) was convicted under an Oklahoma statute criminalizing owning a building with the intent to sell prohibited alcoholic beverages there, without being separately charged with actually possessing any alcohol; he argued mere property ownership, a lawful act, could not be criminalized based on an unconnected unlawful intent.

IssueFree

Whether the state may criminalize an unlawful intent that is not connected with an overt act designed to execute the unlawful intent.

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