Oklahoma Legal trivia

    Reading Green Gourd today I stumbled across two things of interest from OSCOSCN.

    The first thing is Oklahoma Statutes, Title 21. Crimes and Punishments, Section 1684 that says:

      Every person who, within any public cemetery or burying ground, wounds or traps any birds or destroys any bird’s nest, or removes any eggs or young birds from any nest; and every person who buys or sells, offers or keeps for sale, any bird which has been killed or trapped in violation of this section, is punishable by a fine of Five Dollars ($5.00) for each offense, recoverable by a civil action in any justice’s court within the county where the offense is committed, brought in the name of any person making a complaint.

    Then looking at this statute I found a citation to LOCK v. FALKENSTINE, 1963 OK CR 32, 380 P.2d 278 the oft-criticized case (but in my opinion legally insightful case) that legalized the practice of cockfighting in Oklahoma by declaring that the Okla. Statute that prohibted provoking animals to fight each other did not apply because in the court’s eyes, a rooster is NOT an animal. 😉