# Sparks v. State

> Court of Criminal Appeals of Oklahoma · July 9, 1941 · 72 Okla. Crim. 283

URL: https://www.frixlaw.com/law-library/cases/3831334

## Case

- **Full name:** J. M. Sparks v. State.
- **Court:** Court of Criminal Appeals of Oklahoma
- **Decided:** July 9, 1941
- **Citations:** 72 Okla. Crim. 283; 115 P.2d 277; 1941 OK CR 100; 1941 Okla. Crim. App. LEXIS 100
- **Precedential status:** Published
- **Opinion:** Concurrence by Jones
- **Judges:** Barefoot, Jones, Doyle
- **Cited by:** 10 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3831334

## Opinion text

JONES, J.
(concurring). I concur in the. conclusion reached by Judge BABEFOOT; however, if the appeal herein had been by case-made and there was evidence in the record supporting the contention of the defendant that the order of the Board of Barber Examiners
*292
was arbitrary and unreasonable and made without any regard to what minimum price was reasonably necessary in order for the barbers in Cushing to conduct a clean and sanitary barbershop, it is my opinion that the case would have had to have been reversed for failure of the trial court to give proper instructions submitting this issue to the jury; but under the state of the record, and in the light of the prior decisions of this court, the opinion affirming’ the judgment of the lower court is correct.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3831334. Public record. Not legal advice.