Lampley v State

Lampley v State
1946 OK CR 22
166 P.2d 448
82 Okl.Cr. 101
Decided: 02/20/1946
Oklahoma Court of Criminal Appeals

(Syllabus.)

The syllabus in the case of L. E. Lampley v. State, 82 Okla. Cr. 95, 166 P.2d 445, is adopted as the syllabus in this case.

1. Master and Servant-Statute Limiting Hours of Work of Women to Nine Hours a Day Applicable to Hotels and Restaurants. 40 O. S. 1941 § 81, provides that no female shall be employed or permitted to work in any hotel or restaurant more than nine hours in any one day, nor more than 54 hours In any one week.

Page 102

2. Appeal and Error-Sufficiency of Evidence to Support Judgment and Sentence. The judgment and sentence will not be get aside where the evidence is conflicting, and there is substantial evidence to support the same.

3. Master and Servant-Evidence not Such as to Bring Case Under Exception Provided by Statute, 40 O. S. 1941 § 82. Record examined, and found that the evidence was not such as to come within the exception provided by 40, O. S. 1941 § 82, which provides: "That in case of emergency in hotels and restaurants, females may work a maximum of ten hours during the 24 with their consent; such females to be paid not less than double their regular compensation for such extra time."

4. Same-Judgment and Sentence Modified from $75 and costs to $50 and costs. Judgment and sentence modified from $75 and costs to $5O and costs.

Appeal from Court of Common Pleas, Tulsa County; Wm. N. Randolph, Judge.

L. E. Lampley was convicted of the crime of violating the nine-hour labor law as applied to female employees, and he appeals. Modified and affirmed.

S. E. Dunn, of Tulsa, for plaintiff in error.

Randell S. Cobb, Atty. Gen., Sam H. Lattimore, Asst. Atty. Gen., and Dixie Gilmer, Co. Atty., of Tulsa, for defendant in error.

BAREFOOT, J. Defendant, L. E. Lampley, was charged in the court of common pleas of Tulsa county with the offense of requiring and permitting one Esther Brock, a female person, to work in his cafe in the city of Tulsa, Oklahoma, more than nine hours, to wit: 12 hours, from 7 a.m. to 7 p.m., on July 24, 1943. He was tried convicted and sentenced to pay a fine of $75 and costs: and has appealed.

This is a companion case of Lampley v. State, 82 Okla. Cr. 95, 166 P.2d 445. In that case, this defendant was charged with requiring and permitting one Joan Ward, a female person, to work in a cafe managed and

Page 103

operated by the defendant, more than 54 hours in one week, to-wit: from and inclusive of August 1, 1943, to and inclusive of August 7, 1943, from 7 o'clock a.m., until 7 o'clock p.m., on each date.

The evidence and questions of law are identical in both cases, and the same statute, 40 O. S. 1941 § 81, covers both charges. One brief has been filed by defendant in support of this contention.