Legal Opinion · Dissent

Drew v. State

Court of Criminal Appeals of Oklahoma

Decided February 28, 1989No. F-87-198Published

1DissentBrett, Presiding Judge

I respectfully dissent to this decision. Insofar as appellant has challenged the sufficiency of the evidence, this Court is authorized to evaluate that evidence to determine whether or not the verdict is sustained. As I view the evidence, it is not sufficient.

This appellant was convicted by supposition, conjecture and unsubstantiated opinion of the State’s expert witnesses. The State in this case failed to prove the corpus delicti of the crime. The burden is on the State to prove the corpus delicti which consists of the body or substance of the crime, which ordinarily includes two elements:…

2Cases cited4 opinions

  1. Tharps v. StateCourt of Criminal Appeals of Oklahoma · 1976
  2. Roth v. StateCourt of Criminal Appeals of Oklahoma · 1975
  3. Copling v. StateCourt of Criminal Appeals of Oklahoma · 1979
  4. Taylor v. StateCourt of Criminal Appeals of Oklahoma · 1949

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