Futerll v. State

This is another example of the prosecution’s multiple trials at the taxpayer’s expense. For that reason I added the special concurrence on defendant’s conviction for first-degree rape, which is reported in 493 P.2d 1139. The several offenses committed by defendant arose out of a single transaction, which should have been prosecuted under one information, with the several offenses being listed under separate counts. It is for that reason I am compelled to dissent to this decision.

The offenses committed by this defendant were of a heinous nature for which the defendant should receive…