Ex parte Winters

• Decision Date: 27 April 1914
• Citation: 140 P. 164,10 Okla.Crim. 592,1914 OK CR 41
• Parties: EX PARTE WINTERS.
• Court: United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma

140 P. 164

10 Okla.Crim. 592, 1914 OK CR 41

EX PARTE WINTERS.

Court of Criminal Appeals of Oklahoma

April 27, 1914

Syllabus by the Court.

A person who holds himself out as an officer under color of authority, and who solicits and accepts a bribe, has no right to defend and be discharged on the ground that, as a matter of law, he had no right to act as such officer.

One cannot hold himself out as an officer of the law and prostitute the public trusts and debauch the public conscience by soliciting and accepting bribes, and be exonerated by the courts of this state, on the ground that he had no legal right to act in the capacity he assumed. If he is officer enough to solicit and accept a bribe, he is also officer enough to be sent to the penitentiary for his conduct.

Original action for writ of habeas corpus by George E. Winters. Writ denied.

Hargis & Conwell, of Pawhuska, for petitioner.

C. J Davenport, Asst. Atty. Gen., opposed.

ARMSTRONG P.J.

This is an original action begun in this court by George E. Winters for the writ of habeas corpus. The petition alleges that an information has been filed in the district court of Osage county by the county attorney of said county, charging petitioner with bribery. The information is as follows "Comes now C. K. Templeton, the duly qualified and acting county attorney, in and for the county of Osage, state of Oklahoma, and in the name and by the authority of the state of Oklahoma, informs the court that on or about the 14th day of September, 1911, in the said county of Osage state of Oklahoma, the said defendant, George E. Winters then and there being a duly and regularly appointed and acting deputy special state enforcement officer of the state of Oklahoma, did then and there wrongfully, unlawfully, and feloniously accept and receive the sum of $15, good and lawful money of the United States for himself, for and in consideration of an agreement and understanding with one W. T. Crabtree, that he, the said W. T. Crabtree, should be permitted to violate the provisions of the prohibitory liquor laws of the state of Oklahoma, in this, to wit: To sell, barter, give away, and otherwise furnish intoxicating liquors at Avant, in said county and state, contrary to the form of the statute in such cases made and provided, and against the peace and dignity of the state of Oklahoma."

The Assistant Attorney General filed a demurrer to the petition.

In our judgment the pleadings raise only one question which is entitled to our consideration in this proceeding; that is Does a person who holds himself out as an officer under color of authority, and who solicits and accepts a bribe, and endeavors to and does corrupt other persons, have a right to defend and be discharged upon the contention that, as a matter of law, he had no right to act as such officer, therefore the accepting of a bribe was not a violation of the statute? It is not necessary for us to determine in this proceeding the right and power of the state enforcement officer, as that office existed at the time of the filing of this petition, and at the time he is alleged to have appointed the petitioner as a deputy enforcement officer, to lawfully make such appointment, nor is it necessary in our judgment to determine that persons so appointed were entitled to act as officers. It has been the policy of this court since its organization to assume every reasonable position possible, tenable with the...