Freeland v. State

On Rehearing

HARWOOD, Presiding Judge.

In his brief in support of this application for rehearing, counsel for appellant insists that this judgment should be reversed because of the recommendation of no pardon added to the verdict by the jury. Counsel relies on Kitchen v. State, 66 Okl.Cr. 423, 92 P.2d 860, to support his contention. It is true that the Court of Criminal Appeals of Oklahoma did hold that the inclusion of a recommendation of no pardon did render the verdict invalid. However, this was because of the effect of an Oklahoma statute referred to by the court.

On the other hand, the…