Legal Opinion · Concurrence
Ervin v. State
Court of Criminal Appeals of Oklahoma
Decided April 6, 1960No. A-12836Published
1ConcurrencePowell, Presiding Judge
I concur in the conclusion reached, but it should be understood that this Court is committed to the rule, .as stated in Solomon v. State, 79 Okl.Cr. 93, 151 P.2d 944, 945, that:
“Under our statute and practice of permitting the jury to assess the punishment, it is proper to permit the State to introduce the record of the information and judgment and sentence showing a prior conviction as alleged, notwithstanding the prior conviction or convictions have been admitted.”
There are arguments pro and con concerning the desirability of this practice. But so far as this Court is concerned, the answer…
2Cases cited4 opinions
- Little v. StateCourt of Criminal Appeals of Oklahoma · 1945
- Solomon v. StateCourt of Criminal Appeals of Oklahoma · 1944
- Farley v. StateCourt of Criminal Appeals of Oklahoma · 1950
- Matchen v. StateCourt of Criminal Appeals of Oklahoma · 1960