Friday v. State

I respectfully disagree with my associates as to defendant’s final contention of error. The reluctancy to concur does not arise from any illusion that defendant was prejudiced by the Court’s ruling. The evidence is conclusive as to defendant’s guilt; the minimum sentence was imposed, thus prejudice was not reflected by the record. However, in the opinion of this writer, the matter complained of was in direct conflict with Title 22 O.S.1951 § 701, which reads as follows:

“In the trial of all indictments, infor-mations, complaints and other proceedings against persons charged with the commission…