155 P.2d 715 | Okla. | 1945
On February 18, 1941, this court sustained the constitutionality of the Oklahoma Habitual Criminal Sterilization Act, S. L. 1935, p. 94, 57 O.S. 1941 §§ 171-195[57-171-195]. Skinner v. State,
We believe the act is plain in including those convicted of larceny among the persons covered by the act and in *107 excluding therefrom persons convicted of embezzlement. We cannot, therefore, use the severability clause as a justification for us to invade the legislative field so as to make the act comply with the requirements of the equal protection clause as suggested.
Reversed, with directions to dismiss the cause.
GIBSON, C.J., and RILEY, OSBORN, BAYLESS, WELCH, CORN, and DAVISON, JJ., concur.